Monday, April 7, 1997

2361 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 April 7, 1997 10 3:10 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 24 25 2362 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Would everyone please rise and 4 join with me in the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 The invocation today will be 8 given by Reverend Arlene Beechert-Hood, First 9 United Methodist Church in Coxsackie. 10 Reverend Beechert-Hood. 11 REVEREND ARLENE BEECHERT-HOOD: 12 Could we unite our hearts before God. Great and 13 wondrous God, creator of all people and source 14 of all strength and hope for all humanity, we 15 thank You for the gift of this new day and the 16 possibilities and opportunities that You have 17 placed before us. 18 We come to You at the beginning 19 of this session of the Senate and we celebrate 20 Your continued presence here with us as we 21 accept the tasks that You have entrusted to us. 22 We ask that you would guide the 23 women and the men of this Senate for our state, 24 that Your wisdom might influence their work, 25 that Your peace and harmony might influence 2363 1 their discussions and that Your sense of justice 2 and righteousness might influence all their 3 decisions. 4 Help us, O God, to never forget 5 that all that we have and all that we do is 6 possible only because of You. Let us never 7 forget the traditions and the experience of our 8 past, that we might build upon the strong 9 foundation that has been handed over to us. 10 Empower our Senate with Your 11 guidance that we all might look forward together 12 towards the future with enthusiasm and with hope 13 and do all in our power to preserve and protect 14 the welfare and wholeness of creation and of all 15 Your children. 16 Encourage us that we might work 17 together across all the lines that separate and 18 divide, those things that block harmony and 19 unity and those things that continue to keep us 20 apart, so that what is accomplished here might 21 be for the benefit of all in this great and 22 wonderful state. 23 Continue, O God, to be the source 24 of support, of wisdom and of guidance necessary 25 for the work of this body, that the work that is 2364 1 done here might be acceptable in Your sight, now 2 and always. Amen. 3 THE PRESIDENT: Amen. 4 The reading of the Journal, 5 please. 6 THE SECRETARY: In Senate, 7 Friday, April 4th. The Senate met pursuant to 8 adjournment. The Journal of Thursday, April 9 3rd, was read and approved. On motion, the 10 Senate adjourned. 11 THE PRESIDENT: Without 12 objection, the Journal stands approved as read. 13 Messages from the Assembly. 14 Messages from the Governor. 15 Reports of standing committees. 16 The Secretary will read. 17 THE SECRETARY: Senator Leibell, 18 from the Committee on Housing, Construction and 19 Community Development, offers up the following 20 bills: 21 Senate Print 403, by Senator 22 Maziarz, an act to amend the Executive Law, in 23 relation to requiring the use of child-proof 24 locks; 25 2857, by Senator Leibell, an act 2365 1 to amend the Private Housing Finance Law, in 2 relation to providing authority for the New York 3 City Residential Mortgage Insurance Corporation; 4 2860, by Senator Leibell, an act 5 to amend the Private Housing Finance Law, in 6 relation to extending the period of repayment; 7 2915, with amendments, by Senator 8 Leibell, an act to amend the Public Housing Law; 9 3092, by Senator Seward, an act 10 to amend the Executive Law; 11 3467, by Senator Volker, an act 12 to amend the Private Housing Finance Law; 13 3508, by Senator Leibell, an act 14 to amend the Private Housing Finance Law; 15 3576, by Senator Leibell, an act 16 to amend the Private Housing Finance Law; 17 3577, by Senator Leibell, an act 18 to amend the Private Housing Finance Law, in 19 relation to the definition of manufactured 20 homes; 21 3580, by Senator Leibell, an act 22 to amend the Private Housing Finance Law; 23 3604, by Senator Leibell, an act 24 to amend the Executive Law, in relation to the 25 Building Code Act; 2366 1 3610, by Senator Leibell, an act 2 to amend the Executive Law, in relation to 3 providing for the commissioner; 4 3626, by Senator Leibell, an act 5 to amend the Executive Law, in relation to 6 allowing designees; 7 3930, by Senator Leibell, an act 8 to amend the Private Housing Finance Law, in 9 relation to participation loans to owners. 10 THE PRESIDENT: All bills direct 11 to third reading. 12 The Secretary will read. 13 THE SECRETARY: Senator Nozzolio, 14 from the Committee on Crime Victims, offers up 15 the following bill: 16 By Senator Gold, 1579-B, an act 17 to amend the Executive Law, in relation to the 18 definition of profits from the crime. 19 THE PRESIDENT: All bills direct 20 to third reading. 21 Reports of select committees. 22 Communications and reports from 23 state officers. 24 Motions and resolutions. 25 Senator Johnson. 2367 1 SENATOR JOHNSON: Madam 2 President, please remove the sponsor's star from 3 Calendar Number 307, Print Number 2584-A. 4 THE PRESIDENT: So ordered. We 5 have two substitutions at the desk. 6 The Secretary will read. 7 THE SECRETARY: Senator Stafford 8 moves to discharge from the Committee on Finance 9 Assembly Bill Number 4508 and substitute it for 10 the identical Senate Bill 488. 11 Senator Tully moves to discharge 12 from the Committee on Health Assembly Bill 205-A 13 and substitute it for the identical Senate Bill 14 Calendar Number 490. 15 THE PRESIDENT: So ordered. 16 Senator Bruno. 17 SENATOR BRUNO: Madam President, 18 can we at this time take up the non 19 controversial calendar. 20 THE PRESIDENT: The Secretary 21 will read. 22 THE SECRETARY: Calendar Number 23 84, by member of the Assembly Weisenberg, 24 Assembly Print 356, an act to amend the 25 Insurance Law, in relation to the reduction of 2368 1 homeowners insurance rates. 2 THE PRESIDENT: Read the last 3 section, please. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 54. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 121, by Senator Nozzolio, Senate Print 117, an 13 act to amend the Cooperative Corporations Law, 14 in relation to the annual license fee. 15 THE PRESIDENT: Read the last 16 section, please. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first day of 19 January. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 54. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number 2369 1 260, by Senator Lack, Senate Print 2997-A, 2 concurrent resolution of the Senate and 3 Assembly, proposing an amendment to Article VI 4 of the Constitution. 5 THE SECRETARY: Read the last 6 section, please -- call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 54. 9 THE PRESIDENT: The resolution is 10 adopted. 11 THE SECRETARY: Calendar Number 12 274, by Senator Larkin, Senate Print 2309-A, an 13 act to amend the General Municipal Law, in 14 relation to environmental facilities. 15 THE PRESIDENT: Read the last 16 section, please. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 54. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 305, by Senator Saland, Senate Print 493, an act 2370 1 to amend the Social Services Law, in relation to 2 concurrent kinship adoption. 3 THE PRESIDENT: Read the last 4 section, please. 5 THE SECRETARY: Section 4. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 54. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 315, by Senator Cook, Senate Print 1477, an act 14 to amend the Tax Law, in relation to extending 15 the authorization granted to the county of 16 Ulster. 17 THE PRESIDENT: Read the last 18 section, please. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Those recorded in 2371 1 the negative on Calendar Number 315 are Senators 2 Dollinger and Senator Gentile. Ayes 53, nays 2. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 356, by Senator Cook, Senate Print 2649, an act 7 to amend the General Municipal Law, in relation 8 to the intergovernmental coordination of certain 9 municipal zoning. 10 THE PRESIDENT: Read the last 11 section, please. 12 THE SECRETARY: Section 4. This 13 act shall take effect on the same date as a 14 chapter of the laws of 1997. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 55. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 358, by Senator Marcellino, Senate Print 2898, 22 an act to amend the General Municipal Law, in 23 relation to making certain technical 24 corrections. 25 THE PRESIDENT: Read the last 2372 1 section, please. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the same date in the 4 same manner as Chapter 19 of the Laws of 1996. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 55. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 361, by Senator Johnson, Senate Print 242, an 12 act to amend the State Finance Law, in relation 13 to allocations from the State Police motor 14 vehicle enforcement account. 15 THE PRESIDENT: Read the last 16 section, please. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 55. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 399, by Senator Seward, Senate Print 3096, an 2373 1 act to amend the Tax Law, in relation to 2 extending the expiration of provisions. 3 THE PRESIDENT: Read the last 4 section, please. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 53, nays 2, 10 Senators Dollinger and Gentile recorded in the 11 negative. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 400, by Senator Nozzolio, Senate Print 3161, an 16 act to amend the Tax Law, in relation to 17 extending the sale tax in the county of Cayuga. 18 THE PRESIDENT: Read the last 19 section, please. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes 53, nays 2, 25 Senators Dollinger and Gentile recorded in the 2374 1 negative. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 405, by Senator Alesi, Senate Print 3525, an act 6 to amend the General Municipal Law, in relation 7 to collect and international telephone services. 8 THE PRESIDENT: Read the last 9 section, please. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 55. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 430, by Senator Tully, Senate Print 2843, an act 19 to amend the Nassau Civil Divisions Act, in 20 relation to the officers of the Port Washington 21 Exempt Firemen's Benevolent Association. 22 THE PRESIDENT: Read the last 23 section, please. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the first day of 2375 1 January. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 55. 5 THE PRESIDENT: The bill is 6 passed. 7 That completes the non 8 controversial calendar, Senator Bruno. 9 SENATOR BRUNO: Madam President, 10 can we now go to the regular order of business. 11 THE PRESIDENT: Senator Bruno, 12 that completes the controversial calendar and 13 non-controversial calendar. 14 SENATOR BRUNO: Thank you, Madam 15 President. 16 Can we now take up motions to 17 discharge. 18 THE PRESIDENT: Motions to 19 discharge. 20 Senator Connor. 21 SENATOR CONNOR: Thank you, Madam 22 President. 23 I call up my motion to discharge 24 Senate Bill 3281. 25 THE PRESIDENT: The Secretary 2376 1 will read. 2 THE SECRETARY: By Senator 3 Connor, Senate Print 3281, an act to amend the 4 Emergency Housing Rent Control Law, amending 5 Chapter 576 of the Laws of 1974. 6 SENATOR CONNOR: Thank you, Madam 7 President. 8 THE PRESIDENT: Senator Connor. 9 SENATOR CONNOR: Madam President, 10 let me dispel one thing that I've heard on this 11 floor many times and I've read in the newspapers 12 and, frankly, that I believed until I read the 13 form -- the form the Senate Journal Clerk gives 14 out. 15 I've heard members stand and say, 16 Oh, motion to discharge, it's just a procedural 17 motion. It's only procedure. It just brings 18 the bill out to the floor. I used to think that 19 and then I read what the Senate puts in the 20 language and let me read that, Madam President. 21 It says the "Senator" -- that's 22 me -- "moves to suspend Rule XI, Section 1, 23 rules of the Senate, for the purpose of reading, 24 passing and transmitting to the Assembly out of 25 its regular order the bill." So I've learned 2377 1 something after all these years, Madam 2 President. It's not a procedural motion. If it 3 passes, the bill is passed and out of here and 4 on its way to the Assembly and I know a number 5 of my colleagues, I'm sure, will be happy that 6 I've clarified that for them so they don't get 7 confused and think this is merely a procedural 8 vote. 9 This bill, Madam President, would 10 extend the current rent regulations for four 11 years. Why do we need it, Madam President? Why 12 now? Why today? Well, the current laws -- the 13 current laws expire, as Senator Bruno has 14 reminded most of the citizenry of New York 15 State, on June 15th and that would affect some 16 two million tenants in New York State, and the 17 purpose of bringing this, frankly, is so we 18 legislate in a better way, so we legislate as I 19 believe the Constitution intended us to 20 legislate, and so we reject what has become all 21 too prevalent here in Albany, all too prevalent 22 in this house and in the way the Majority runs 23 this house, and that is legislating by taking 24 hostages. 25 Madam President, last year in 2378 1 June we stood here with -- we stood here with 2 the galleries filled with loft tenants who were 3 held hostage and now we're faced with the same 4 spectacle, a statement -- and I'm sure made in 5 all sincerity -- that unless we get changes, all 6 the tenants will lose all their protection. 7 We'll let this law expire, indeed, legislating 8 by hostage, and I know -- I know. Some reporter 9 said to me yesterday, but hasn't the Majority 10 Leader said, Well, certainly we're going to 11 exempt the elderly and the poor, and my response 12 is in every hostage situation, they usually let 13 the women and children go at some point, but - 14 (Applause) 15 THE PRESIDENT: Order. Let's 16 show respect for all members by maintaining 17 silence in the galleries, please. 18 SENATOR CONNOR: Thank you, Madam 19 President. 20 But that doesn't make it right to 21 still hold hostages. 22 Now, I appreciate what Senator 23 Bruno has said in the past -- well, not the 24 statement about rent regulations being more 25 devastating than a nuclear attack, but I 2379 1 certainly appreciate his belief that a free 2 market -- a free market might work better, might 3 be more efficient and economical. It might 4 reduce rents, but we haven't had a free market, 5 Madam President, in over 60 years -- in 50 years 6 in New York City and the surrounding areas and 7 there is a chronic shortage of rental housing, 8 and I certainly appreciate that perhaps there 9 are changes we should envision in regulations or 10 whatever at some time in the future to promote 11 the creation of more rental housing because I 12 would love to see something like what existed in 13 the 30s when I remember being told by my 14 father-in-law, Gee, back in the 30s we were 15 poor. We moved every year, not because we got 16 evicted but because landlords would give a 17 month's free rent if you signed a year's lease, 18 but we don't have that now and we can wish all 19 we want to go back in time. It's just not that 20 simple, and I respectfully suggest that if 21 Senator Bruno wishes to make the case for a 22 different system that somehow or other will 23 produce the 100,000-plus rental opportunities 24 that we need to begin to set a market -- indeed, 25 we probably need 40- or 50,000 units a year 2380 1 coming on-line these days -- I'm willing to hear 2 that. Let's do it the way legislators - 3 legislatures ought to operate. Let's have 4 hearings. Let's hear from experts. Let's hear 5 from tenants. Let's hear from landlords. Let's 6 hear from economists and let's convince the 7 public, maybe there's a better way but let's not 8 take hostages. 9 That's why, Madam President, I 10 say extend the present law for four years. Do 11 all the studying and case making that anyone 12 wishes during that time and maybe it will result 13 in change and maybe it won't. Maybe it will be 14 better and maybe it won't, but I don't believe 15 we ought to threaten the homes of two million 16 tenants in New York State. I think that's the 17 wrong way to legislate, Madam President. 18 (Applause) 19 THE PRESIDENT: Order -- order, 20 please. Let us show respect for the speakers by 21 maintaining silence. 22 SENATOR CONNOR: Thank you, Madam 23 President. 24 I have here a letter from the 25 housing director of the city of Cambridge, 2381 1 Massachusetts who recites what a disaster the 2 ending of rent regulations has been and how 3 they've had to try and place thousands of 4 displaced tenants and how expensive that has 5 been for the local government and how they 6 failed to produce enough affordable units fast 7 enough and maintain such units. Anyone who 8 thinks you can wave a magic wand on June 15th 9 and go back to the good old days of the 1930s 10 when there are enough apartments that tenants 11 get a month free rent every year is, I'm afraid, 12 engaging in the most blatant wishful thinking. 13 On a political level, Madam 14 President -- and I have said this to the press 15 and I'll say it here and no disrespect intended 16 -- I understand that from some points of view 17 in this state, things can seem pretty simple. 18 Well, this issue is not simple for those 19 residents of New York City, Westchester, Nassau 20 and elsewhere where there are systems of rent 21 regulation. And how do we deal in other areas 22 -- how do we deal with local knowledge, local 23 conditions and the plain recognition of the fact 24 that local elected officials and local residents 25 have a better feel for the subtleties and 2382 1 intricacies of conditions in their areas? How 2 do we deal with that in other actions? 3 Well, I know what happens. A 4 Senator comes forward and says the town of so 5 and so really needs this and the local people 6 want it. We accommodate that wish. 7 So why, Madam President, do we 8 have members who represent areas where housing 9 conditions are far, far different, where the 10 housing market is much more open, competitive, 11 cheaper, where there are no shortages. Perhaps 12 maybe there's very little rental housing to 13 begin with. People are fortunate enough in 14 those areas in the state to own their homes at 15 an affordable price. 16 Let's look at what the local 17 people say. I have here resolutions from towns 18 and cities like Sleepy Hollow, Dobbs Ferry, the 19 town of Greenburgh, Tarrytown, the city of 20 Yonkers, Mount Vernon's local government. New 21 York City's City Council and mayor have spoken 22 by resolution and in the press as well. I have 23 letters from borough presidents in New York 24 City, all of whom express the need and support 25 in those localities for continuing the present 2383 1 law. 2 Indeed, I have copies of 3 statements from newspapers over the last three 4 months from many members of this house, someone 5 -- both sides of the aisle in favor of 6 continuing the present system of rent 7 regulation. 8 Why do I support this, Madam 9 President? Not because I'm in love with the 10 government regulating everything but because I 11 live in New York City and I understand what the 12 housing market is like there. I understand how 13 complicated it is and one can go back and blame 14 what everyone wants on the '40s and '50s, but we 15 are where we are, Madam President. We're here 16 and now today. We have a shortage of rental 17 housing in New York City and no one can believe 18 that in a year or two we can suddenly create so 19 many new rental housing units for middle class 20 and working people in New York City, that it 21 will be a truly open competitive market where 22 tenants have a choice, where tenants can bargain 23 on an even keel with landlords. It doesn't 24 exist and we're a long way from it. 25 Now, I know we'll hear about some 2384 1 people who perhaps have rental units. We always 2 hear -- I remember last year when we were doing 3 the Republican tax cuts here, we had some 4 members talking about how we really had to give 5 breaks to middle class families who made 150- to 6 $200,000 a year and now I read about the rent 7 regulations and these people are considered the 8 super wealthy. It seems to me you can't have it 9 both ways, but the fact of the matter is that 10 small -- we hear about that small portion and 11 what do we do? We have threats to end rent 12 protections for everyone -- for everyone. 13 So I think the only reasonable 14 way, Madam President, to proceed is let's get 15 this behind us. Let's get it behind us today. 16 Let's get it out of this house and whatever some 17 members of the Majority want to do about 18 changing the future, fine. Have a commission. 19 Study it. Get evidence. Think of a better way 20 to protect our tenants. Think of a better way 21 to create so much housing that people won't even 22 worry about it. The landlords will be begging 23 people to move in at any cheap costs but we're 24 not there now. Do that in the future. Let's 25 put this behind us now. Let's not have that 2385 1 clock ticking, ticking, ticking for the next ten 2 weeks or so. Let's not have it tick as we did 3 last year -- seven -- let's not have it ticking 4 as we did to the loft tenants last year 'til it 5 expired and then, well, we extended it an hour 6 late but we extended it for a day and then it 7 expired and the hostages still sat up in the 8 galleries. That's no way to legislate. Let's 9 earn the respect of all New Yorkers by dealing 10 with this in an open and above-board manner, not 11 threatening anybody, not threatening the 12 imminent collapse and not linking it to anything 13 else because every hostage situation seems to 14 make all sorts of linkages. Before we get into 15 that June muddle about budgets and other bills 16 and local bills and all, let's deal with this 17 straight up, the way we did earlier this year 18 with another important issue. Let the members 19 vote their conscience. Let's get this bill out 20 of this house, over to the Assembly. Let's 21 extend it and then we can have all the 22 theorists, all the ideologues engage in a 23 two-year debate about what the best way to 24 proceed would be in theory. 25 In theory, it's all wonderful, 2386 1 Madam President. Those of us who live it, those 2 of us who live in those areas of Westchester, 3 Nassau, New York City and elsewhere understand 4 the local conditions. Not a week goes by that 5 friends -- middle class friends don't say, My 6 Lord. Can you help me find an apartment? I 7 can't find an apartment. There are no 8 apartments available. That's the real 9 condition, Madam President. Let's deal with 10 reality. Let's not deal with ideology. 11 Madam President, I urge the 12 members, pass this bill and don't make that 13 mistake I used to make of thinking it's only 14 procedural because the resolution says we 15 suspend that rule for the purpose of reading, 16 passing and transmitting to the Assembly out of 17 its regular order. So it's not procedural. 18 Vote for this and you have the four-year 19 extender. 20 Thank you, Madam President. 21 (Applause) 22 THE PRESIDENT: Order, please. 23 Please show respect for every speaker. Let's 24 maintain silence. 25 Senator Bruno is next. 2387 1 SENATOR BRUNO: Thank you, Madam 2 President, colleagues. 3 Senator Connor, very articulate 4 and I listened very intently but while Senator 5 Connor is very articulate, Senator Connor is 6 wrong. 7 What we have before us, Madam 8 President, will not be a debate on the merits of 9 rent control and rent deregulation but what will 10 be before us is a debate on a procedure that is 11 established in the Senate, that allows a member 12 to try and discharge a bill out of committee to 13 the floor against the wishes of the committee 14 and the Majority. That's what's before us, is 15 that procedure and, as Senator Connor, who is an 16 attorney, reads this, he reads it as an 17 attorney. I am not an attorney. I read it as 18 any citizen would read it as the law and rules 19 were intended and what is very clear in the 20 rules of the Senate is that a motion to 21 discharge is a procedure that, if passed by the 22 Majority, would get a particular bill to the 23 floor -- to the floor and then to be acted on 24 when it takes its turn, not automatically. So 25 that if for the first time in the history of the 2388 1 Senate a motion to discharge was to prevail - 2 and it won't -- this bill would not be voted on 3 today. 4 So I apologize to those that have 5 visited the Capitol, traveling hours, thinking 6 that they're going to hear a debate on rent 7 deregulation and see a vote on that issue. They 8 will not. We will -- we will, Madam President, 9 debate the issue on this floor and we will do 10 it, Senator, between now and June 15th. We will 11 do that. 12 I have offered since December to 13 negotiate a reasonable transition out of rent 14 control, since December, indicating, yes, that 15 the elderly, the disabled and the low -- lowest 16 income people should be protected and I feel 17 that way. 18 So I want to be clear - 19 THE PRESIDENT: Order, please. 20 SENATOR BRUNO: -- and I want to 21 just share with the people that are visiting 22 that you're very, very welcome to be here. 23 We're glad that you care enough to visit and to 24 be here but you will do yourself a disservice if 25 you act unruly because you will simply be 2389 1 embarrassed by being escorted out of this 2 chamber. So don't embarrass yourselves. Don't 3 embarrass your friends. Act like ladies and 4 gentlemen and we will treat you accordingly. 5 But I want to be very clear that 6 what is happening here is a procedural motion. 7 We are not debating the issue of rent 8 deregulation. This is a procedure that the 9 Minority uses. Tomorrow they will be using it 10 15 to 18 times. Last week they used it a number 11 of times, each time knowing that it will fail 12 because the Majority controls the legislative 13 process and if motions to discharge were to 14 prevail, you would have chaos because any member 15 that didn't like what was happening in the 16 orderly procedure of the Senate would demand 17 through a motion that that particular bill, 1 18 out of 20,000, be placed on the floor 19 immediately. That would not be an orderly 20 process. That will not happen and it does not 21 happen and that's why in the history of the 22 Senate, in the history of this Senate, a motion 23 has never carried. 24 Now, what does that tell our 25 visitors? That tells our visitors that people 2390 1 who present a motion on an issue as sensitive as 2 this one are grandstanding. They are 3 posturing. They are being political. They are 4 trying to fool the public into believing that 5 something is going to happen that is not 6 happening this afternoon, and I think that's 7 unfortunate. I think that's too bad. 8 So I am speaking, Madam 9 President, for the record. Assemblyman Bragman, 10 a Democrat, Majority Leader in the Assembly is 11 quoting time after time as motions to discharge 12 are placed by the Minority in the Assembly, 13 which is controlled by the Democrats in that 14 house, Assemblyman Bragman says repeatedly, we 15 will not discuss the merits. This is a 16 procedural question and we will deal with this 17 procedurally and, Senator -- Michael Bragman. 18 Now, if the rule applies in the 19 Assembly controlled by Democrats two to one, 20 then I would like to understand from my 21 colleague in this house why it doesn't apply to 22 the Senate, and if you want to argue, argue with 23 Assemblyman Bragman, the Majority Leader, your 24 colleague in the Assembly. Don't argue with me 25 on this floor. The argument doesn't belong 2391 1 here. 2 Madam President, there is no 3 question, our rules in the Senate have been 4 tested and tried and debated and it is clear 5 that a motion to discharge is a procedure to 6 move a bill against the will of the chair of 7 that committee in an untimely way to the floor, 8 and that's all that it is, and so this debate 9 relates to that procedure and I am suggesting, 10 Madam President, that this motion to discharge 11 will fail and, as it fails, I would like to ask 12 my colleagues on this side of the aisle -- I 13 would like to ask you if you want to live by the 14 rules -- and I know you do -- then the least 15 thing that you should have done was to file a 16 request to the committee chair that this bill be 17 brought to the floor. That is the established 18 procedure in this house. You file a request to 19 the chair. You ask that a bill be moved through 20 the committee to the floor, and I think it's 21 very sad that that was never done. That was 22 never done. That's too bad. 23 Why is it too bad? Because it's 24 an admission that you weren't dealing here - 25 you weren't dealing with the merits of this 2392 1 issue. You're dealing with the politics of it, 2 and I think that's too bad because had you filed 3 a request and that request had been denied, then 4 this motion to discharge would at least have 5 some validity. That's the procedure in the 6 Senate. Every member in the Senate files a 7 request to get a bill to the floor and calls it 8 to the attention of the chair. 9 And, Madam President, we talk 10 about hostages. I am told that this budget - 11 this budget that is now eight days late and will 12 be many, many more days late -- is being held 13 hostage because we are not debating rent 14 control. We are not debating welfare reform. 15 We are not debating criminal justice reform, 16 that the budget will not move forward. It is 17 being held hostage, and we will not have a 18 budget until we do a rent deregulation bill. 19 I will say again, Madam 20 President, my colleagues, I am ready this 21 afternoon, tomorrow, the next day to negotiate a 22 bill having to do with a reasonable transition, 23 and whatever that means, to protect the people 24 that live in rent-controlled or rent-stabilized 25 units, yes, to protect them so that they can 2393 1 continue to lead their lives in a normal 2 functioning way. We're not trying to be mean 3 spirited. We're not trying to be hurtful. 4 We're not trying to do anything that's 5 disruptive. What we are trying to do is, in a 6 realistic way, deal with an issue that has to be 7 dealt with. 8 Now, that's the message that we 9 have delivered. That's the message I deliver 10 again and I will ask my colleagues to reject 11 this motion to discharge and I will also share 12 that we will debate this issue on the merits on 13 this floor and we will be debating a bill that 14 we have negotiated, to give us a transition, or 15 we will be debating a bill that we will bring to 16 the floor and it will be an alternative to a 17 total sunset which takes place midnight on June 18 15th and we will have that bill on this floor 19 and it will be a realistic alternative and then 20 we can debate that issue at that time and then 21 we will have a choice on a reasonable transition 22 or a total sunset, and if we have a total 23 sunset, I want to make it perfectly clear, that 24 that responsibility will rest with those that 25 are not willing to talk realistically and 2394 1 reasonably about a transition. 2 Thank you, Madam President. 3 SENATOR CONNOR: Madam President. 4 THE PRESIDENT: Senator Connor. 5 SENATOR CONNOR: Thank you, Madam 6 President. 7 Madam President, I think I read 8 before exactly what this resolution says. I 9 didn't write this language. The Majority uses 10 this form and it says passing the Senate and 11 being delivered to the Assembly. So I leave it 12 to the plain language as to whether this is 13 being procedural or not, but the Majority 14 Leader, I think in his remarks, has just made it 15 plain -- and we heard the magic words we always 16 hear from the hostage takers, I'm willing to 17 negotiate. We've heard they'll let some of the 18 hostages go as a sign of good faith and then 19 we'll negotiate. That's not the way to 20 legislate, Madam President, because what we 21 really heard was, I'll put out what I want and 22 it will be take it or leave it or it will 23 expire. That's the threat, the threat to 24 people's homes. 25 Senator, put your -- extend the 2395 1 existing law for four years and then put your 2 alternative out here for a fair up or down 3 debate. That's the way to legislate. 4 I heard Senator Bruno, 5 unfortunately use the words, suggesting that 6 this is a political exercise and somehow 7 hypocritical. He quoted the Majority Leader of 8 the Assembly. Since he did that, I now feel 9 free to quote the Majority Leader of the 10 Senate. 11 In the Empire State Report in 12 December of '96, Senator Bruno was quoted as 13 saying "I don't see any good reason why 14 governments have to tell landlords what they can 15 charge." 16 In the Daily News on December 8th 17 of '96, the Daily News reported "While 18 addressing a landlord organization, Senator 19 Bruno announced that all rent regulations will 20 drop dead as of June 16th." Quote, "I don't 21 need any votes", unquote, he declared. This is 22 the New York State Senate. We do have a 23 Constitution but we don't need any votes. 24 Real Estate Week on 1/22/97, "We 25 will end rent regulation as we know it." 2396 1 Times Union, Albany, 1/29/97, 2 "There is no substantial difference in the 3 average regulated and unregulated rents outside 4 central Manhattan" and as we saw last week, the 5 landlord's own study proved that was totally, 6 totally inaccurate, that, in fact, there would 7 be dramatic increases in rents even outside of 8 Manhattan. 9 Times Union on January 29th 10 again, '79 percent of the benefits of rent 11 regulation go to 25 percent of the households 12 and the people benefiting from current rent 13 regulations, quote, "are the people making 14 $200,000 a year." 15 And in Newsday on March 3rd, my 16 birthday, quote, "This is a government subsidy 17 for people by the hundreds of thousands who 18 don't need it and don't deserve it." 19 And then, of course, who can 20 forget the New York Times on March 13th, 1997, 21 quote, "Rent controls have caused more damage to 22 New York City than a nuclear warhead." 23 Madam President, I respectfully 24 submit to my colleagues, if there be an 25 engagement on this issue in any kind of 2397 1 political posturing or hypocrisy, I suggest the 2 members can accurately describe where that may 3 fall. 4 Thank you, Madam President. 5 THE PRESIDENT: Thank you. 6 (Applause) 7 Please, out of respect to the 8 speakers, please maintain your silence. 9 Senator Markowitz is next. 10 SENATOR MARKOWITZ: Thank you 11 very much. 12 Marty, Senator Connor, I think 13 you made a tremendous presentation and I have to 14 tell you that for two million people reading 15 their papers before Christmas -- before 16 Christmas, to hear the Majority Leader of this 17 house threaten their very homes in the spirit of 18 Christmas, to my opinion, was incomprehensible 19 and unreasonable and a step out of what we do, 20 what we should be to the public of the city and 21 state of New York. It was wrong before 22 Christmas and then to continue the issue over 23 and over again -- over and over again, 24 threatening our homes -- and let's understand 25 what we're talking about here. 2398 1 Senator Bruno talks about 2 procedure -- procedure. He indicated a 3 procedure that we can ask the committee chair to 4 put the bill to continue rent stabilization out 5 of committee. There must be dozens of us that 6 have asked. One of the reasons why we're doing 7 this, Senator Bruno, is that we're frustrated 8 that we can't seem to get the legislation that 9 we seek out of committee to be discussed, to be 10 debated. We can't seem to do that and that is 11 why Senator Connor and all of us have decided to 12 make this effort this afternoon. 13 There is not a person here, or 14 back in New York City or Long Island or 15 Westchester, that believes that the issue will 16 be resolved this afternoon. How I pray that was 17 the case, how I pray, but at least we can raise 18 the issue to you and to everyone else in our 19 chamber to understand that just like issues of 20 farming, the issue of casino gambling in 21 Saratoga, the issue of the water supply for 22 Senator Cook, the issues of importance out in 23 Nassau and Suffolk County and upstate New York 24 just like you have ambitions that are your bread 25 and butter, that go to the life of the people 2399 1 you serve, this is an issue for real. This is 2 for real. This isn't procedure. This isn't 3 make believe. This is for real. 4 So, Senator Bruno, we have to 5 stand up for our families as well as those that 6 we serve and say to you and our colleagues - 7 (Applause) 8 THE PRESIDENT: Order, please. 9 Senator Markowitz. 10 SENATOR MARKOWITZ: -- that we 11 have the right - 12 THE PRESIDENT: Senator 13 Markowitz. 14 SENATOR MARKOWITZ: -- we have a 15 right - 16 THE PRESIDENT: Senator 17 Markowitz. 18 SENATOR MARKOWITZ: -- to 19 represent the people that we serve - 20 THE PRESIDENT: Senator 21 Markowitz, please address the Chair instead of 22 Senator Bruno. 23 SENATOR MARKOWITZ: -- to the 24 best of our ability. 25 Grandstanding, no, sir, no, sir. 2400 1 We know what we're doing here today and so do 2 you. 3 Those of us who recognize that 4 you are an expert in telecommunications, I would 5 -- never, never would I have presumed that I 6 know more than you, Senator Bruno, about your 7 profession nor about your district. I'll be the 8 first to admit that when you and my colleagues 9 get on the ball - 10 THE PRESIDENT: Senator 11 Markowitz. 12 SENATOR MARKOWITZ: -- and talk 13 about the concerns of your local areas - 14 THE PRESIDENT: Senator 15 Markowitz, could you please stop just long 16 enough for me to request - 17 SENATOR MARKOWITZ: I'm talking 18 to my colleagues. I have a right to do that. 19 THE PRESIDENT: Yes, but you 20 address Senator Bruno and it's improper to have 21 it so confrontational. 22 SENATOR MARKOWITZ: All right. 23 Not confrontational, to my colleagues. 24 THE PRESIDENT: Thank you. 25 SENATOR MARKOWITZ: When you get 2401 1 on the floor and speak with us about issues of 2 your concerns to your local communities, I have 3 to respect what you're saying because you're the 4 experts. You know about the folks in your area 5 and what their priorities are and what their 6 needs are. 7 Now, you know that this issue 8 goes to the heart of what we represent. Why 9 don't you give us the credit that we give you 10 when we tell you and advise you that we know 11 what's best for the people we serve, for the 12 city of New York, for the suburbs that are 13 impacted by this and ultimately the state of New 14 York? 15 Now, I know that we're going to 16 debate this issue once again in the near future, 17 I'm sure, and so I'll leave some of my major 18 arguments that we've read about in the papers - 19 we'll talk about that, I'm sure, at a future 20 date, but what I do know is it's not right to me 21 to be threatening in any way to say it's my way 22 or the highway, to say that I am willing to 23 compromise if you agree with me that controls 24 and regulations must end, because I don't accept 25 that premise. I cannot and will not accept that 2402 1 premise because I know that rent regulations 2 have given all of us that live in the city of 3 New York, most of us, not the multi-million 4 aires, but people like us, including your 5 Senator here, who struggles on his income, the 6 ability to at least know that we can at least 7 live to the best way that we can live. 8 I don't know how many of my 9 colleagues recognize from upstate that what some 10 of our tenants in parts of my district -- which 11 is not considered a high income area -- that 12 they're paying $1,000, 11- and $1200 for a 13 one-bedroom apartment overlooking courtyards; 14 and you know how they do it? They got two and 15 three families moving into those apartments to 16 be able to afford those rents. Is that what we 17 want for New York City? And so, Senator Bruno, 18 my colleagues, I'm going to end it by saying 19 this. Let my people go. Let my people go. 20 (Applause) 21 THE PRESIDENT: Senator Leichter 22 -- Senator Leichter. Let's show respect for 23 the speakers, please. 24 Senator Leichter is next. 25 Thank you. 2403 1 SENATOR LEICHTER: Thank you. 2 Madam President, it's clear 3 listening to Senator Bruno the extent to which 4 this Senate has really lost touch and reality 5 with what is important to the people in this 6 state. 7 Senator Bruno speaks about an 8 orderly procedure. Senator Bruno said, my God, 9 do you know what would happen if motions to 10 discharge were brought to this house and 31 11 members -- because that's what it takes to pass 12 a motion to discharge -- 31 members voted for 13 it? You would have these bills passed and the 14 Majority Leader would no longer control it. He 15 calls it disorderly. Senator Bruno, that's 16 called democracy. 17 (Applause) 18 THE PRESIDENT: Please. Thank 19 you. 20 SENATOR LEICHTER: This is not an 21 autocracy. This is not a sham legislative body 22 that exists solely to rubber stamp what one 23 person says is going to happen. This should be 24 a deliberative, democratic body and what we're 25 trying to do is to bring one of the crucial 2404 1 issues facing the people of New York State in 2 1997 to be voted on by their elected 3 representatives and to do it in a way that 4 allows people to express themselves. 5 Senator Bruno says, well, why 6 don't you wait for the committee to act? 7 Because the committee won't act. Because we 8 have a chairman who's told by you what to do. 9 He has no independence. 10 THE PRESIDENT: Senator Leichter, 11 through the Chair, please. 12 SENATOR LEICHTER: He has no 13 independence. He hasn't held hearings. Has 14 that committee been in New York City and held 15 hearings? Has it been in other parts of the 16 state where this is a burning issue? Has it 17 come out with any proposals, any bills? It 18 hasn't. 19 There's a statement in the law 20 that you're not required to do what is futile. 21 To request that this committee bring out our 22 bill is a futility because, Senator Bruno, 23 you've made it very clear that you think you own 24 this issue and you own the answer and we're, by 25 this motion, trying to say you do not. This 2405 1 happens to be a chamber of 61 people who have a 2 responsibility to their constituents to address 3 these issues in a careful, thoughtful and 4 democratic way. 5 The idea, Senator Bruno, that you 6 are willing to negotiate, you're putting a gun 7 to people's heads. You've said, do it my way or 8 this expires on June 15th. That's not 9 negotiating. That's imposing your will on this 10 Legislature. It's imposing your will on the 11 people of the state of New York. To say, Well, 12 this is only a procedural motion as if, in some 13 ways, that makes it insignificant. Procedural 14 motion -- you don't even have to be here. Who 15 cares about procedural motions? Whether it's on 16 the merits or procedural, it leads to a most 17 important consideration, and that is whether we 18 will provide essential protection for over two 19 million people in the state of New York or 20 because it's procedural, you don't have to 21 protect these people? You don't have to look at 22 the merits? That's perfect nonsense. 23 So we get involved in these silly 24 debates in Albany. No, it's procedural. No, 25 it's on the merits, as if we're saying something 2406 1 meaningful. It is sheer nonsense. By voting on 2 this particular motion, you are voting whether 3 you want to give protection to people who 4 desperately need it or whether you're willing to 5 tear us under a system of protection that every 6 legislature since World War II has considered 7 essential and that is premised on the basic fact 8 that there is a terrible housing shortage in the 9 state of New York but particularly in the city 10 of New York, and the legislation establishing 11 rent control, in other words approved by the 12 Supreme Court of the United States, is premised 13 on the fact that if the vacancy rate is less 14 than five percent, you have a housing shortage 15 and it takes no great genius, Senator Bruno, to 16 understand that if you have a housing shortage, 17 that jacks up rents. It puts tenants in a 18 terribly hazardous, perilous situation and when 19 the state of New York in 1971 enacted vacancy 20 decontrol with the idea, well, maybe in some 21 ways that will spur housing construction, maybe 22 we can move to the free market, was a disaster. 23 It was an utter disaster. Rents shot up. 24 People were being evicted. People were being 25 driven out of their homes and two years later a 2407 1 Republican Legislature, with a Republican 2 Governor, passed the rent stabilization, said we 3 can't do this. 4 Senator, what I find disturbing 5 is an utter lack of perspective and utter lack 6 of focus. It's as if your world was bounded by 7 the town or the community you live in, yet no 8 understanding that there are parts of the state 9 where different situations exist, no 10 appreciation of what the true situation is as to 11 rent regulations in the city of New York. 12 You go and you say this protects 13 people who are millionaires. Rent controlled 14 apartments are occupied by people with large 15 incomes. That's not the fact. Most people 16 under rent regulations having the protection, 17 the median income of all renter households, it's 18 $20,000, in 1995, $20,000 and I thought one of 19 the most significant statistics was that in the 20 last two or three years, the amount of rent, 21 percentage of rent from -- against total income 22 that people in rent-regulated apartments was 23 paying had gone from 30.8 percent to 32.3 24 percent, people paying almost one-third of their 25 income just for shelter, and this is with some 2408 1 system of regulation. Remove that system of 2 regulation and they'll be paying over 50 percent 3 and what this will lead to is enormous 4 hardship. It will lead to homelessness. It 5 will lead to people who will not be able to 6 educate their children, feed their children, 7 clothe their children. It will lead to an 8 exodus out of the city of New York. 9 What you need to do, Senator 10 Bruno, and those of us who seem to have sort of 11 an a priori view that rent regulations are bad 12 is to look at the real situation. Sometimes I'm 13 afraid what's being looked at is dollar signs 14 and not the facts of rent regulations and its 15 importance. If you looked at the facts instead 16 of maybe looking at contributions or other 17 factors, you would see - 18 (Applause) 19 THE PRESIDENT: Order, please. 20 Show respect for the speaker and please adhere 21 to the procedures. 22 SENATOR LEICHTER: -- you will 23 see that rent regulation is utterly imperative 24 for the welfare of this state, Senator, for the 25 welfare of the people who are protected and for 2409 1 the welfare of the state. 2 So the issue today, as we vote, 3 don't say, well, I'm just voting on a procedural 4 motion as if that makes it insignificant. 5 You're voting on a process that is either going 6 to give necessary, essential protections to 7 people, two million people at least. 8 THE PRESIDENT: Senator Bruno, 9 why do you rise? 10 SENATOR BRUNO: Would Senator 11 Leichter respond to a question? 12 SENATOR LEICHTER: Yes, I will. 13 SENATOR BRUNO: Thank you. 14 Since we're talking procedure, 15 Senator, do you think procedurally that it makes 16 sense that you go on at such length when it's my 17 understanding that you live in a stabilized unit 18 that's controlled in New York City? Do you 19 think that is a proper procedure? 20 SENATOR LEICHTER: Is your point, 21 Senator - 22 THE PRESIDENT: Order, please. 23 Senator Leichter. 24 SENATOR LEICHTER: Senator Bruno, 25 is your point that if I -- yes. I live in a 2410 1 rent-stabilized apartment. If I didn't live in 2 a rent-stabilized apartment, then I could go on 3 at greater length but living in a 4 rent-stabilized apartment, my time to speak here 5 is somewhat limited? What is your point, 6 Senator Bruno? 7 THE PRESIDENT: Senator Bruno. 8 SENATOR BRUNO: Madam President, 9 my point is that I would think that for clarity, 10 for your own colleagues, you should let them 11 understand that you are not objective, that you 12 live in a stabilized unit and that you speak as 13 a person who is receiving the benefit of being 14 subsidized in that way. That's my point. 15 THE PRESIDENT: Order. Please 16 show every speaker respect, please. 17 Senator Leichter. 18 SENATOR LEICHTER: Senator Bruno, 19 I've seen you vote for tax cuts. I've seen you 20 vote for the benefits for businesses that 21 personally benefit you. I've never suggested 22 that you do it for personal gain. I suggest 23 that you do it out of mistaken economic 24 theories. I never brought it down - 25 (Applause) 2411 1 THE PRESIDENT: Order. Order. I 2 know that all our visitors in the gallery would 3 like to remain. So please show respect for the 4 chamber and the speakers by remaining silent. 5 Senator Leichter. 6 SENATOR LEICHTER: Senator, if 7 your whole problem is that I live in a rent 8 stabilized apartment, I'll give up my rent 9 stabilization and you give up pointing your guns 10 at two million tenants throughout the state of 11 New York. 12 THE PRESIDENT: Senator Leichter. 13 (Applause) 14 SENATOR LEICHTER: Let me 15 conclude, Madam President. 16 I think there's a terribly 17 important issue here affecting people in the 18 state of New York, as I've pointed out, but I 19 think there is also the integrity of the Senate, 20 the good sense that I hope that we have and that 21 means our obligation to address important issues 22 of this state and that's what we're about. 23 That's what we're seeking to do by this motion 24 to discharge. Let no member here say, well, I 25 want to protect tenants but I couldn't go along 2412 1 on a motion to discharge. It was procedural 2 because that's hypocrisy. You might be able to 3 run but you're not going to be able to hide 4 behind that argument. 5 If you want to protect tenants, 6 if you want to avoid the terrible economic and 7 social dislocation that would occur if rent 8 regulations were to sunset, then you will vote 9 for this motion. 10 (Applause) 11 THE PRESIDENT: Senator Abate. 12 SENATOR ABATE: I would like to 13 make the record very clear that I do not have a 14 rent-controlled or rent-stabilized apartment 15 but, nevertheless, even though I have nothing to 16 gain, I feel very strongly, as do my other 17 colleagues, that this is something we should do 18 to protect the constituents throughout New York 19 State. 20 I have been told today that this 21 is an act of desperation on the part of Senate 22 Democrats. It's only an act of desperation 23 because the Majority will not allow us to debate 24 these issues on the floor, that there are 25 systems of rules which say individuals decide 2413 1 what gets debated, what gets voted upon and then 2 everything else is held hostage. This is an 3 issue that is held hostage among other issues 4 that are held hostage year in, year out. It is 5 not an act of desperation. This is an act of 6 leadership on the part of the Senate Democrats 7 and I hope many Republicans will join in this 8 effort. We all can be heroes and heroines today 9 and go home and say we've fulfilled our 10 responsibilities to the people who have elected 11 us. 12 As we say over and over again, we 13 are public servants. We are there not to serve 14 the rules and uphold rules but to serve the 15 interests of the people that we represent. 16 Today we should stand up, provide that kind of 17 leadership. 18 I have never seen an issue -- and 19 I have been involved in community life for over 20 20 years -- where I have gone to one town 21 meeting after another in Manhattan, not a 22 handful of people come out but hundreds and 23 sometimes thousands of people come out to 24 meetings and you can see by the representation 25 of the people here today, it is a reminder that 2414 1 this is not an issue about procedure. This is 2 an issue that affects people's daily lives, 3 their ability to stay in New York State, support 4 their families and become and continue to be a 5 rich contributor of this fabric that we call New 6 York State. 7 If -- and I think if we had all 8 the constituents in the room today, they would 9 be saying to us, if you care about rent 10 protection and don't care about procedure but 11 you care about making sure that protection 12 continues, you must vote yes. If you vote no, 13 that's an indication that you want rent 14 protections to be eliminated. That is the clear 15 message that I hear from people that I 16 represent. They don't mix their words. There's 17 no other way to toss the dice, to put a 18 different reflection on this issue. This is 19 about keeping people in their homes. 20 Also this is an opportunity to 21 debate this issue so the press can have a 22 greater understanding what the impact would be 23 on human beings if rent protections were to 24 expire. 25 We need more than ever these rent 2415 1 protections. In my district, the vacancy rate 2 is less than one percent. We are talking about 3 not rich people. We must dispel that myth that 4 rent protections only provide safe havens for 5 people who are rich. The people that I 6 represent, many of them are on fixed incomes. 7 They are seniors. They are working class 8 people. They are middle income people. They 9 are students who say they want to have their 10 first job in New York City and they want to 11 start a career and they want to live there. Are 12 we saying to them, let's not have the young 13 people who are educated within our midst be able 14 to afford to live in our city? Because that's 15 what we're saying. We're saying to the best and 16 brightest of our young people, we'll educate you 17 but you can't work here because you cannot 18 afford to live in New York City. We don't want 19 to send this message. 20 We talk all the time about the 21 economics of what we do, that we want to keep 22 people, jobs and we want to keep our vital work 23 force. This has the direct relationship to 24 doing that. If we end rent protections, we end 25 the ability to build a qualified work force over 2416 1 time. 2 We also destroy neighborhoods. 3 Neighborhoods depend upon the rich and diverse 4 fabric of our communities. They are consumers. 5 They are taxpayers. Do we want to drive out 6 tens of thousands of people in New York City and 7 have that kind of economic and negative impact 8 on our communities? No, we don't. 9 So a vote yes today is standing 10 up to the diverse communities that we want to 11 support. It's standing up for affordable 12 housing. It's standing up for the notion that 13 in 1971 we tried this and it failed. It failed 14 so miserably that the Legislature three years 15 later had to pass the rent protection laws. 16 We've seen it. This is about protecting people, 17 their quality of life, their families and their 18 ability to remain in New York State. 19 So, please, this is a glorious 20 chamber. It's a magnificent chamber. Sometimes 21 we make decisions in isolation. Today we cannot 22 make those decisions in isolation. All we need 23 to do is look at the pain and suffering and 24 fear, raw fear on the faces of tenants who think 25 their whole lives are going to be destroyed. 2417 1 Let's not play games with their lives because 2 there's a procedural issue. It's not 3 procedural. It's substantive. Let's stand up 4 today. Let's have the courage. This is not 5 just about leadership. We were elected 6 individually to represent our constituents. 7 That work should begin today, not end today. 8 Vote yes. 9 (Applause) 10 THE PRESIDENT: Order. 11 Senator Gold -- Senator Gold is 12 next. 13 SENATOR GOLD: Thank you, Madam 14 President. 15 Madam President, there isn't 16 anybody here that would travel to a foreign 17 country without some kind of a dictionary to 18 help you get around and if you went to France, 19 it wouldn't be unusual to have a French-English 20 dictionary, Spain, a Spanish-English 21 dictionary. 22 I want people to understand that 23 we have legislative language also and what 24 Senator Bruno basically said to you, if you put 25 it through a legislative dictionary, means I'm 2418 1 against rent regulation. That's all it means. 2 It doesn't mean procedure. It doesn't mean that 3 today is not the day. There will be a day but 4 when you come that day, it will be another day. 5 It means that he and those who vote no are 6 against rent regulation. It couldn't be any 7 clearer than that. 8 And lest you think this 9 Legislature operates by some Bible that cannot 10 be changed by anyone's religion, I will make 11 Senator Bruno an offer. I will give him a 12 dollar for every time a Democrat wants to waive 13 the rules. I only want from him a dime every 14 time Senator Bruno and the Republicans violate 15 their own rules in this chamber. 16 Now, we have a situation which 17 says our committees deal with bills and then the 18 bill comes to the first report and then it comes 19 to the second report and then it goes to third 20 reading and then we handle it, et cetera, et 21 cetera, except when Senator Bruno and the 22 Republicans don't do it, they hold a committee 23 meeting. They throw it out on the floor and you 24 have a vote. It violates our rules but, you 25 see, we waive the rules because in those cases 2419 1 it's important. I happen to think it's 2 important to waive the rules to save the lives 3 of millions of people. That's plain English. 4 It's not legislative talk. Senator Bruno uses 5 legislative talk to say, "I am against 6 tenants." 7 Another thing which concerns me, 8 Senator Bruno and members of the Majority use 9 legal drugs, pharmaceutical drugs but they put 10 in bills that deal with that and vote on bills 11 that deal with that. Many of the members of the 12 Republican Party in this house own real estate 13 and they put in bills all the time to lower 14 their own property taxes. 15 (Applause) 16 Many of the members of the 17 Republican Party use roads, put in bills for 18 Thruway improvement, et cetera, et cetera. 19 Nobody criticizes that and, Senator Bruno, I say 20 to myself, how deep do you want to go? 21 I know that Senator Leichter and 22 others are tenants. I also know that there are 23 issues like horses that we could get involved 24 with but why don't we stay with the subject that 25 we're talking about and that is what we're going 2420 1 to do for tenants in the state of New York. 2 And there's another issue, 3 Senator Bruno, that I would like you to join 4 with me on. You and I, Senator Bruno, file 5 ethics statements every year and people know 6 where we stand and what we're about. I would 7 love to see one day -- let's pick one at random, 8 the New York Post -- print on its front page, 9 the amount of money it takes from the real 10 estate lobby each year, each week and have that 11 influence their editorial pages. 12 (Applause) 13 The bottom line is that today is 14 a day which -- and I congratulate the press and 15 coming from me that's unusual. I congratulate 16 the press. They have taken this motion as 17 seriously as it deserves to be treated, as 18 seriously as it deserves to be treated and there 19 is no place to hide today. A vote today is an 20 absolutely clear vote. 21 I would also like to talk to 22 Senator Seward and to some of my other 23 colleagues on the other side. We had an issue 24 last week debated very well by Senator Paterson 25 as to whether or not certain local bills, bills 2421 1 affecting some upstate localities required a 2 home rule message from that locality, and there 3 was some technical rulings, but it was quite 4 clear that the members on this side were 5 concerned and respected the feelings of people 6 in the localities and Senator Seward, as a 7 matter of fact, went out, made some phone calls 8 and reported back so that I and Senator Paterson 9 and others would know that the legislation was 10 legislation that was desired by those local 11 people. 12 Now, we didn't go behind that 13 legislation. The local people wanted it. 14 Senator Seward stood up and said, My people need 15 it, and I, even though I'm a Democrat from 16 downstate, said there's a gentleman that ran for 17 public office upstate, got elected and I ought 18 to be listening. 19 I say to you, Senator Seward, and 20 I say to the others who are going to have local 21 bills all this session and next year, I'm ready 22 to respect your localities. I'm ready to do for 23 you what should be done if you tell me that, but 24 I expect a certain respect today. 25 I live in the city of New York. 2422 1 If, God forbid, it goes down in the drain, I 2 live there with my family. We'll take those 3 consequences, but I know what will not bring it 4 down the drain and what will not bring it down 5 the drain is providing decent housing for its 6 citizens. I'm willing to take that risk, my 7 risk. You vote with me on this. Vote and help 8 Senator Spano's people and Senator Skelos' 9 people and all the tenants throughout the state 10 who need your help. We do it for you every 11 day. If you're saying to me, Manny, you're too 12 naive. Manny, every bill that comes to the 13 floor, you vote on, you analyze, you go behind 14 it, well, then I'll say to you, Senator Seward, 15 and my fellow colleagues on the other side, I'm 16 ready to do that. I'm ready to dive into your 17 neighborhoods if that's what you want, but I'm 18 telling you that I'm ready to give you a certain 19 respect that I expect back for me. 20 I heard some comments made 21 earlier today about hostage taking and how the 22 budget of the state of New York has been made 23 hostage by Democrats over this issue. First of 24 all, if you had to pick an issue, it's not a bad 25 one but the fact is that that is not a fact. 2423 1 Now, Senator Bruno, a couple 2 years ago you and your party put forth a budget 3 on this floor and then you looked at Assemblyman 4 Silver and the others and said at least the 5 Democrats ought to give us a budget. Say 6 something. You're hiding. You're holding up 7 the budget. 8 Senator Bruno, this year the 9 Governor filed a budget. Your party is too 10 embarrassed to put that budget out on the floor 11 for debate. At least Assemblyman Silver put out 12 a budget and they debated on it. You couldn't 13 pass that budget. You wouldn't put it out. We 14 don't have a budget this year right now because 15 there's been no leadership from the Governor on 16 this issue and, Senator Bruno, no city 17 leadership from you on this issue. 18 How many times have I heard 19 Republicans on this floor say, this may be a 20 one-house bill but it's going to open up 21 debate. It will open up discussion. We'll be 22 able to have something to talk about but where's 23 your one-house budget that tells the people of 24 the state of New York what you're really all 25 about? All we hear from you is you're for tax 2424 1 cuts and yet your party has been the biggest 2 spenders in history, as far as I know, $5 3 billion under a former Governor that you voted 4 for and you talk about hostage taking? 5 I'm telling you, I'm ready to do 6 a budget. I'm ready to talk about it. We held 7 hearings on the budget. You weren't there. 8 Assemblyman Silver wasn't there. The Governor 9 wasn't there. We held a meeting on revenue 10 estimates. You weren't there. Shelly Silver 11 wasn't there. The Governor wasn't there. You 12 talked about Conference Committees on a budget. 13 Where are they? I haven't seen them. Who's 14 hiding those Conference Committees? When are 15 they meeting? I haven't seen them. 16 So we have three men -- and I 17 didn't say "people". I said "men" -- who go 18 into a room, haven't attended the hearings, 19 haven't done any of that. They don't put a 20 budget out on this floor -- or you don't put a 21 budget out on this floor and you have the nerve 22 to blame it on the tenants of the city of New 23 York? Shame on you. 24 (Applause) 25 I am telling you, Senator Bruno, 2425 1 I today am speaking about an issue and not a 2 technicality. I am for the continuation of 3 regulations. I don't know where the Governor 4 is. I know we have a Lieutenant Governor who 5 speaks out on issues. Maybe the Governor ought 6 to have her guts, but I think on this issue 7 she's spoken out, but all I can tell you, 8 Senator Bruno, is, as somebody said a few 9 minutes ago, you can run but you can't hide. 10 This is for real and for people who will leave 11 here today and have to go back home, make 12 dinners, dinners which are not going to be steak 13 and lobster paid for by lobbyists at some Albany 14 hotels or restaurants but people who have to eat 15 real food with real people and deal with real 16 lives. We have a chance to show them that this 17 is a democratic, with a small "d", Legislature 18 and we can do something for them today. 19 I'm going to sure try and help. 20 (Applause) 21 THE PRESIDENT: Senator Bruno, 22 did you wish to be recognized? 23 SENATOR BRUNO: Yes, Madam 24 President. 25 I just want to remind people, my 2426 1 colleagues especially, that we are not 2 responding to this discussion, to these 3 comments, as inappropriate as they are, under 4 these circumstances but, Madam President, we 5 recognize that my colleagues here on this side 6 of the aisle are posturing, pandering to the 7 people that are here, seeking their applause and 8 their recognition and that is -- that is their 9 right. They can do whatever they please, but I 10 want to share, Madam President, it's rather 11 unbecoming to fool the people that are here into 12 thinking that something is going to happen that 13 isn't. Let's call it what it is. It is 14 posturing. It is pandering and it's worse and 15 we are not on this side of the aisle responding 16 for that reason. 17 We will debate the merits of this 18 issue in a seemly way at the appropriate time, 19 in an appropriate way. We will not respond to 20 the nonsense that is being perpetrated here 21 today in the name of good government because it 22 is not good government. It's a waste of 23 people's time, energy and efforts. 24 THE PRESIDENT: Senator Paterson 25 is next. 2427 1 Senator Paterson. 2 SENATOR PATERSON: Madam 3 President, I was listening to the very salient 4 and appropriate comments of Senator Abate and 5 she was talking about the need to address this 6 very serious situation, and I think at one point 7 inadvertently she said -- and I think it was 8 really reacting more to just the frustration of 9 the process -- she said this is more than just a 10 question of leadership. This is a matter of 11 individual choices in our districts. 12 Well, Madam President, I would 13 want Senator Abate to know that I have been here 14 for 12 years and every day I have been here with 15 every issue that's come up in this chamber and 16 every procedure that we have followed, this is 17 actually entirely a question of leadership but 18 it is a question of how we are actually going to 19 address issues and at this very serious time, 20 Madam President, I wonder if we as elected 21 officials, who so often do, will continue to 22 talk in such absurd extremes, peddling a bunch 23 of simplistic exaggerations that parry the 24 truth. Are we going to raise promises here that 25 we're not going to keep or diminish expectations 2428 1 or scare people, or are we really going to try 2 to establish some workable, sensible, achievable 3 means by which people can live in decent, 4 affordable housing in the city of New York and 5 all throughout the state of New York and, Madam 6 Chairman, if that's what we propose to do, then 7 I think we have to take a serious look at this 8 motion for discharge. If the motion for 9 discharge were inappropriate and were against 10 the rules, then it wouldn't be part of the 11 rules. 12 This motion was actually put 13 forth in our state Constitution many, many years 14 ago with the explicit purpose that when a 15 situation has become so serious and so dire that 16 there be a time that we suspend the regular 17 order, the regular rules and in an emergency 18 situation, that we adopt a procedure to bring an 19 issue to the floor to pass it and send it to the 20 Assembly, we would do it in a serious situation 21 that involved a threat to livelihood or health, 22 and I would suggest that a situation that 23 affects two million citizens of our state which 24 we're reading could raise the rents on the Upper 25 West Side of Manhattan by 50.9 percent, 19.8 2429 1 percent in Queens, 11.7 percent in Brooklyn, 2 12.1 percent in the Bronx, that that is serious 3 enough for us to address at this time, 4 particularly when those who have been 5 antagonistic and antithetical to the needs of 6 tenants have been promoting that there's a 7 solution of just abolishing rent regulations and 8 rent protection and bringing homes onto the free 9 market. 10 This actually was done after 11 vacancy deregulation in the early '70s and there 12 was such a cataclysm that the Republican 13 Legislature of 1964 passed the Emergency Tenant 14 Protection Act, as Senator Leichter pointed out, 15 because, as it was held by the Supreme Court, 16 there was such a need to address this situation 17 because there wasn't the housing stock that 18 could actually keep the convenience of the many 19 tenants around the state, that there had to be a 20 point when government stepped in and saved them 21 before we had the hopeless gentrification of all 22 our neighborhoods and all our communities. 23 And so when we look at this 24 situation, the problem is that the real issues 25 have been obfuscated by those who always address 2430 1 these situations in two ways. They want to find 2 a way to make you afraid of it and they want to 3 tell us who's to blame for it. They want to 4 make you afraid of the situation by making it 5 appear that rent regulation has actually 6 thwarted any new development or new construction 7 of housing. They would like to have you believe 8 that the continuation of rent regulation would 9 put us in a situation where a number of 10 landlords would suffer and they wouldn't be able 11 to gain a profit. 12 The studies actually show that 61 13 percent of the money that is accumulated 14 actually goes for maintenance. The other 39 15 percent goes to debt service and profit and with 16 our tax laws, the debt service can become 17 profit. 18 If I had a business in which I 19 could make 40 cents for every dollar I spent, I 20 think I would be in a pretty good situation, but 21 the question is for those who wanted to opt out 22 of it, if this was such a bad thing in 1974, 23 there was a time right then when landlords could 24 have opted out of it but they chose to stay in 25 the program to make themselves available for 2431 1 421-A tax relief and for J-51 tax relief. Why 2 did they do it? Because it was a good business 3 decision. 4 Now, after benefiting from our 5 tax dollars and provide the broad revenue base 6 that has allowed landlords to benefit, at this 7 point they want to stop the situation and now go 8 to a free market. It's very easy to stop the 9 music when you're sitting near a chair, but for 10 all the people who live in this state, who are 11 in the situation of possibly losing their homes, 12 we now see that there shouldn't be that much 13 fear from continuing rent regulation and rental 14 stabilization because there isn't really anyone 15 who's being victimized by the prospect and then 16 there are the issues of those who apparently are 17 thought to be benefiting from this, the 18 so-called hundreds of thousands of people who 19 make all of this money and get all of these 20 benefits. The actuality is that 1996 census 21 studies show that only 3.4 percent of people 22 living in rent protected units possibly make 23 over $100,000 in a family unit. That may come 24 out to somewhere in the 30,000s compared to two 25 million people who are benefiting from this 2432 1 particular situation. 2 In fact, in the study of 1995 3 rent regulation -- rent stabilization and rent 4 control figures, the average rent controlled 5 tenant makes an average of $21,600 a year. That 6 means half the people might make over it, half 7 the people might make under it. 8 For rent control, the average 9 salary for people living in rent controlled 10 units is $12,480 a year, $12,480 a year for 11 people living under rent control. 22 percent of 12 people living in rent-stabilized units all over 13 this state are actually living below the federal 14 poverty line. This is not something that is 15 going to give back money to the already rich. 16 This is something that is enabling people who 17 barely can meet the means of existence to 18 continue living in their units. 19 Estimates are that 50 percent - 20 that 24 percent, rather, of New York City 21 residents are paying more than 50 percent of 22 their weekly salaries for rent. So the old 23 Keynesian theory that a month's rent is equal to 24 a week's salary has actually been doubled even 25 with the process that we have now, but I think 2433 1 the central issues are quite clear but the real 2 issue that we need to talk about is the actual 3 issue of leadership. 4 Does leadership inevitably mean 5 control? I don't think it should be because I 6 think we need to take a look at what leaders 7 should actually be. The leader is the indiv 8 idual who stands on his or her own judgment. 9 The non-leader listens to the opinions of 10 influential others. The leader thinks. The 11 parasite copies. Leaders produce. Others 12 loot. The leader's conquest is the conquest of 13 nature. The non-leader's conquest is a conquest 14 of other men and women. Leaders change their 15 minds through free and open exchange of ideas 16 and opinions. Bosses want to regulate 17 everything, denying any type of individuality 18 and wanting to robotize everyone in senseless 19 service to everybody else's agenda but their 20 own. 21 Look at our country. Everything 22 we have -- everything we have gained has come 23 from the independent work of independent minds. 24 Every horror in destruction has come from 25 attempts to robotize people, denying thought, 2434 1 denying reason, denying the individual 2 opportunity to make a decision. 3 That is why I feel it is so 4 important that perhaps it's time to re-examine 5 even our process in this situation and maybe we 6 need to examine it on a bipartisan nature. 7 Maybe when an issue is of such peril that it's 8 got thousands of people running to meetings 9 every day of the week right now, frightened that 10 they will be destabilized from their homes. It 11 would break up their neighborhoods and break up 12 their communities, and yet we talk about family 13 values, and yet all our actions work against our 14 neighbors, against their children, against 15 families and against workers. If we're really 16 talking about trying to put a sensible and 17 achievable goal forward in this chamber, then 18 we've got to understand that there are certain 19 emergency situations when it's our job to come 20 to this floor and act, to stand on our own 21 judgment. 22 Madam President, we come to this 23 earth really pretty much unarmed. Our minds are 24 our only weapon but the blame is an attribute of 25 the individual. There is no collective mind. 2435 1 The person who thinks must think and judge for 2 him or herself. The reasoning mind cannot be 3 controlled by any form of compulsion. It cannot 4 be subordinated to the needs, opinions or wishes 5 of others. It is not an object of sacrifice. I 6 don't think anybody should be making any 7 sacrifices today at the behest of their 8 neighbors because neighborhoods are more than 9 just a collection of tall buildings. They're 10 more than just a geographic location. They're 11 people who live and work and care about each 12 other and try to improve their communities and 13 it is under threat, and it's been made very 14 clear that it's under threat this year and so 15 what we did today, what Senator Connor did is we 16 tried to use a procedure that's allowed in this 17 Senate. It's been misunderstood in this century 18 but maybe today is the day that we can finally 19 begin to open up each other's minds and open up 20 the process and that 31 of us can get together 21 today and say, this is important. This needs to 22 pass. This needs to go to the Assembly. This 23 needs to become a law that will protect people 24 through the democracy and through the process 25 that are the rules of Senate. 2436 1 THE PRESIDENT: Senator Waldon. 2 SENATOR WALDON: Thank you very 3 much, Madam President. 4 This is a place today of high 5 drama. I remember Shaw said something about the 6 whole world is a miracle. He said the whole 7 world is a stage, and everybody is playing a 8 part. 9 Today I've seen some great parts 10 being played out on behalf of the people. The 11 300,000 people of the 10th Senatorial District 12 made a decision some time ago and said, Al, go 13 to Albany and represent our interests, not your 14 interests, our interests. 56,000 of those 15 people in the Rockaways are affected by what 16 we're considering here today. Of those who live 17 in Cambria Heights and South Jamaica, 20 percent 18 -- their rent would increase by 20 percent if 19 it were not for the vision of Senator Connor 20 bringing this issue to the floor today for our 21 consideration. 22 On an ethnic note, and those of 23 you who have the ability to see me from where 24 you are, I'm very black, I'm very tall; you 25 wouldn't miss me anywhere. On an ethnic note, 2437 1 of the 2 million people living in poverty in New 2 York City, 76.5 percent of them are the black or 3 Latino. Of those who are going to benefit by 4 what Senator Connor is advocating that we do 5 today, 212,000 of the apartments which have a 6 rent of $400 or less are occupied by blacks and 7 Latinos. 50 percent of those people have an 8 income of under 10,000. 64 percent have an 9 income under 15,000 and 80 percent have incomes 10 under 25,000. 11 So we're not dealing with Barbra 12 Streisand in Cambria Heights. We're not dealing 13 with Robert DeNiro in South Jamaica. We're not 14 dealing with anyone who drives a Rolls Royce in 15 the Rockaways. In fact, most of the people in 16 the Rockaways take a train that's dilapidated, 17 that's too old and too cold to get to and from 18 the apartments that we are looking to save 19 today. 20 Now, my friends, in spirit and in 21 fact, this is not an upstate issue or a 22 downstate issue. This is not really a 23 Republican, in the traditional sense, issue or a 24 Democrat, in the traditional sense, issue. This 25 is the haves versus the have nots. This is what 2438 1 it's all about. 2,000 -- 2 million -- I'm sorry 2 -- 311,924 rent-stabilized tenants live in the 3 city of New York. 127,000 rent-controlled 4 tenants are in the city of New York. But only 5 25,000 landlords are controlling the destiny if 6 we don't take care of business today of those 7 innumerable tenants. 8 So I can add just a little bit. 9 Came from P.S. 70 in Brooklyn, Junior High 10 School 85 in Brooklyn, Boys High School, can add 11 a little bit and it makes some sense to me that 12 if I want to survive in this process, but more 13 importantly if I want to do what the people who 14 elected me to do, to send me to Albany to do, I 15 will vote and take care of business on behalf of 16 2 million-plus people, not the 25,000 landlords 17 who will make the extraordinary amount of money 18 as alluded to by my brilliant and capable 19 colleague, David Paterson: 50 percent increase 20 in rent in Manhattan, 20 percent over in Cambria 21 Heights. It doesn't make sense to vote with the 22 landlords. 23 Now, I would welcome having 24 dinner with a landlord. I'm told some of them 25 are nice people. I would welcome going into a 2439 1 hotel with the landlord, not to the hotel room 2 but to the restaurant in the hotel, to hang out 3 a little bit. I enjoy a nice cocktail every now 4 and again, but what I am really about in this 5 process and what all of us should in my opinion 6 should be about is taking care of business for 7 those who are less able to take care of 8 themselves. 9 My brothers and sisters in spirit 10 and in fact, the people who are least able to 11 take care of themselves in this particular 12 battle are the tenants, and so I encourage you 13 to do the right thing. Come down on the side of 14 the tenants. Vote for the people who are in the 15 millions versus those who are but 25,000, but 16 who happen to control the purse strings. 17 Let us not get into the pockets 18 of the purse strings. Let's get into the hearts 19 and minds and souls of the tenants of this great 20 city and great state who are saying to us, 21 Please take care of business on our behalf. 22 I encourage you to support 23 Senator Connor in what he's doing and support 24 the ideas that you've heard on this side of the 25 aisle today. Those ideas, I assure you, were 2440 1 the righteous ones in this chamber on this 2 date. 3 Thank you very much, Madam 4 President. 5 (Applause) 6 THE PRESIDENT: Senator Gentile. 7 Senator? 8 SENATOR GENTILE: Thank you. 9 Thank you, Madam President. I 10 learned a lot about history here today, the 11 history of the Senate and the procedure of the 12 Senate. As one of the new members of this 13 august chamber, I have a certain advantage, and 14 that advantage is having a new perspective, not 15 having that history, having a new perspective on 16 what should be done and what we should 17 concentrate on here in this great chamber. 18 You know, when I first came to 19 this chamber back in January, I thought one of 20 our roles, one of our primary roles was to 21 protect the welfare of our citizens. I thought 22 one of our primary roles was to encourage and 23 protect stable neighborhoods. That's what I 24 thought was going to be our primary agenda 25 coming here. 2441 1 (Applause) 2 However -- however, what I've 3 heard here leads me to believe that I may be 4 wrong. What I heard here from the Majority is 5 about bureaucratic moves, about Byzantine 6 bureaucracy, about faces on how to get things 7 done. You know, if we do not discharge this 8 bill and pass the rent regulation extension, 9 this will be the most devastating or de 10 stabilizing action that we possibly could do in 11 regard to our urban communities. We need to 12 stabilize neighborhoods, not destabilize them. 13 Rather than encourage people to 14 stay with reasonable rents to stay in the City, 15 with reasonable rents and lease protections, we 16 will drive people out of New York City and all 17 the other urban areas just as they've done in 18 Boston and in Cambridge. You know, not just - 19 not discharging this bill is what will cause the 20 real chaos, not bringing the bill to the floor. 21 That will not be the real chaos. The real chaos 22 will not -- will not be discharging this bill 23 from committee. We will increase homelessness, 24 force people into government housing, deny our 25 seniors the ability to live independently, and 2442 1 also deny our young people from raising their 2 families in New York. 3 You know, and I want to make it 4 clear to the small home owners and the small 5 building owners. This extension does not do 6 anything new. This extension does not expand 7 the coverage to small home owners and to small 8 building owners with less than six units. All 9 this does is continue the same law for the next 10 four years. It does not affect the small home 11 owner or the small building owner and, you know, 12 I've been saying this to tenants as I've gone 13 around my district to buildings, have met with 14 tenants in the lobbies of their buildings and I 15 get their input when I meet with these tenants 16 and let me tell you, colleagues, I see the 17 fright and I see the fear in the eyes, and the 18 concern in the voices of these people, and it's 19 not only the seniors I'm talking about. These 20 are the people who do the bake sales, who run 21 Little Leagues and the P-TAs in my district, who 22 work for the volunteer groups. 23 THE PRESIDENT: A little order, 24 please. 25 SENATOR GENTILE: These are the 2443 1 people who are part of the tenant meetings in 2 the lobbies of the buildings. They run the 3 sales, they run the Little Leagues, they run the 4 civic organizations in my district. These are 5 the people that I stand for today in speaking on 6 behalf of this -- this motion, and lest you 7 believe there are no tenants in the tree-lined 8 streets of Bay Ridge, Bensonhurst, Staten 9 Island, let me tell you, I stand for the 15,000 10 units of -- of rental housing units that are 11 regulated in Sunset Park. I stand for the 12 17,000 units that are regulated in Bay Ridge. I 13 stand for the 21,000 units that are regulated in 14 Bensonhurst. I stand for the 10,500 units that 15 are regulated in Borough Park, and I stand for 16 the 7,200 units that are regulated on the north 17 shore of Staten Island. 18 I stand for these people who have 19 median incomes of between $12,000 and $24,000 in 20 my district. I stand for these people who are 21 using between 29 percent and 42 percent of their 22 income to pay their rent right now. We are not 23 talking about wealthy people. These are the 24 moms and dads and the seniors that make our 25 cities great. 2444 1 What more can we ask of them? 2 What more? They keep our neighborhoods strong. 3 They keep them stable. What more can we ask of 4 them? What we can ask of you is to discharge 5 this bill today. 6 (Applause) 7 THE PRESIDENT: Senator Mendez. 8 SENATOR MENDEZ: Madam President, 9 I -- the issue of whether or not we're voting on 10 a procedural situation is not that important to 11 me. In my 19 years serving in this chamber, I 12 have never ever seen a motion to discharge being 13 passed by any of the members sitting on the - 14 of this chamber, so it's not a very vague 15 impression to realize that we are on the one 16 side dealing with an issue that is causing 17 tremendous anxiety on so many people. 18 In my district the word has gone 19 around that public housing was going to be 20 privatized. You have no idea, Madam President, 21 the suffering and anxiety that constituents of 22 mine, in the various projects in my district are 23 going through thinking that that is going to be 24 a fact pretty soon. 25 At the same time in my district 2445 1 which has a lot of poor, hard working poor 2 people, low middle class and middle class, the 3 same situation is going on and on and on, and 4 when I say to you, Madam President, that this is 5 very distressing with me, it is because I don't 6 think in approaching any kind of public policy 7 we do have the right to allow individuals to 8 suffer this tremendous anxiety for something 9 that has not been brought about yet. 10 So I say Senator Bruno is 11 correct. This motion to discharge is not going 12 to go anywhere -- anywhere. On the other hand, 13 when I saw the issue of leadership was raised 14 here by Senator Paterson, I say to my 15 colleagues, well, maybe if this motion to 16 discharge would pass this chamber today, maybe 17 that will hasten the process, will hasten the 18 process through which all the parties involved, 19 the ones that do have the power to resolve this 20 very important issue, would sit down sooner and 21 allay the fears that so many people in New York 22 State are suffering. 23 So being a realist, I believe 24 that this motion is not going to go anywhere. 25 Being a positive person, I do hope that the fact 2446 1 that so many people came here to let everybody 2 here in this chamber see with their own eyes how 3 they feel, how anxious they feel, thinking that 4 if those rent control laws are allowed to sun 5 set, there'll be tremendous chaos, people 6 thinking where in the world I'm going to move, 7 people rooted in their own communities, people 8 with their children going to the local schools, 9 that that is going to be a horrible situation 10 and the funny thing is that finally in the city 11 of New York, because of the -- excuse me, 12 because of the decreasing crime there has been 13 an increase of people, senior citizens not 14 working poor but lower class and middle class, 15 that have moved back to the City that are going 16 to the theatre, they're spending money in 17 restaurants, that they are coming and adding to 18 the tax base. 19 Well, I hope that when the final 20 analysis, the whole situation is dealt with, 21 that they are in the same manner which I 22 appreciate that the poor and the working poor, 23 the disabled in my district, will be protected 24 because they will benefit because they will be 25 protected under Senator Bruno's idea of what to 2447 1 do with rent control. 2 I hope that also those who make 3 $250,000 -- listen to me, Madam President, those 4 individuals in the city of New York are not 5 millionaires because of the high taxes. If they 6 live in a neighborhood that is nice, then they 7 pay high rent even though they are rent 8 stabilized. They have children going to 9 college, so people with incomes up to $250,000, 10 they should not be considered millionaires 11 because they are not. 12 So I do still hope that some of 13 my friends across the aisle will -- might engage 14 in living dangerously and voting for the first 15 time in this -- on this motion to discharge this 16 bill because, as I said before, it would in fact 17 maybe hasten pressure, even concern to meet 18 sooner and find the kind of solution that is 19 needed to resolve this. But an extension of the 20 rent control bills as is, I think, it's a time, 21 it's something that should be acted upon now. 22 Thank you, Madam President. 23 THE PRESIDENT: Thank you, 24 Senator Mendez. 25 (Applause) 2448 1 THE PRESIDENT: Senator 2 Oppenheimer. 3 SENATOR OPPENHEIMER: Am I up? 4 Yes. Well, I -- I don't see this as a 5 procedure. I see it as an opportunity for us to 6 speak on what I consider is a very real issue 7 and I think it's really the essence of life. I 8 think shelter is the very essence of life for 9 our poorer residents in the state, and I truly 10 don't want to be simplistic, but what is -- has 11 more truth and what is more fundamental than you 12 will excuse me, the Bible, which says that it is 13 our obligation to house the homeless and to feed 14 the hungry, and that is the very essence of life 15 and that is of such -- it is of such dire 16 consequence to our poorer residents in this 17 state. If you don't think you want to do it 18 because it's the right thing to do, then I think 19 you have to do it because it's the right thing 20 for the state of New York. 21 I really have to speak about the 22 housing shortage in my county which is 23 Westchester County, and I must say that we have 24 a great many frightened tenants in the county of 25 Westchester. Our rental apartments in 2449 1 Westchester have become frightfully, frightfully 2 costly, because we are a county that has 3 experienced that gentrification that was 4 mentioned earlier. Without this, I do not know 5 what many, many of our residents would do. 6 We happen presently to have the 7 highest per capita homelessness in the state of 8 New York, and I think it is quite likely that we 9 have it in the entire United States. It is a 10 very -- Westchester County is a very complex 11 county now because we are changing demographic 12 ally so rapidly. We have pockets of intense 13 poverty, and it would be catastrophic if we did 14 not have the rent stabilization and rent control 15 and I have heard from many mayors and 16 supervisors in Westchester County, of both 17 political parties, and they all are begging us, 18 please do not change rent control and rent 19 stabilization. It is essential to our county, 20 and you know, we now have, you know, this image 21 of Westchester simply is not valid any more. We 22 have 135 soup kitchens. We have all these 23 homeless, and we cannot cope if we do not have 24 the protection of the rent laws. 25 I'd like to just address one 2450 1 other issue, and that is I've been very upset by 2 the fact that we are holding important issues 3 hostage to the budget process. It is simply bad 4 government. It is bad democracy. It is bad 5 representation of our constituencies. It dis 6 allows any thoughtful discussion. I am the past 7 president of a good government group. It is 8 almost embarrassing for me to be in a government 9 that permits such little opportunity for -- for 10 civilized discussion of major issues that are of 11 extreme importance to the state of New York and 12 to all the people in this state. 13 I do believe that our state 14 government needs some correction, and I think we 15 are probably one of the most closed governments 16 of any of the 50 states, and I certainly hope 17 that we can work to improve that. 18 (Applause) 19 THE PRESIDENT: Senator Onorato. 20 SENATOR ONORATO: Madam 21 President, I rise today to explain my position 22 on this, and I want to preface my remarks to 23 Senator Bruno. I don't live in a rent 24 stabilized or rent-controlled apartment. I 25 don't receive SCRE. I don't receive TAP or any 2451 1 of the other, but I have voted for all of the 2 above-mentioned figures that I just mentioned 3 now. 4 Today we're discussing a motion 5 to discharge. It's been categorized as a 6 procedural motion. Well, that seems to be about 7 the only thing that's left to us on this side of 8 the aisle, to get our voices heard on any 9 particular worthwhile matter. I was just 10 speaking to my Assemblyman. He just informs me 11 that they're going through motions to discharge 12 by the Minority in the Assembly right now. 13 So basically what I consider this 14 procedural motion right now is our 911 call. 15 911 call is also a procedural call, but you're 16 hoping when that 911 call goes to the police or 17 to the ambulance that an immediate response is 18 forthcoming, and this is what we're asking of 19 our colleagues today. They call it procedural. 20 We call it 911. Help us to help these people 21 who have come up here today not to ask us for 22 money, to put more money into the budget process 23 but perhaps to save us a great deal of money in 24 the future by preventing them from becoming 25 homeless, and then we all of a sudden find the 2452 1 money not to provide them with some rent 2 assistance but we can find thousands of dollars 3 to put them up in hotels when we couldn't afford 4 to give them a couple of hundred dollars to keep 5 them in the apartments that they're living in. 6 (Applause). 7 Call it what you want, procedural 8 or 911, but let us respond to this motion in a 9 favorable manner. 10 Thank you. 11 (Applause) 12 THE PRESIDENT: Is there anyone 13 else who wishes to speak on the motion? 14 (There was no response. ) 15 On the motion to discharge, all 16 in favor. 17 SENATOR CONNOR: Slow roll call. 18 THE PRESIDENT: Yes, a slow roll 19 call, please, on the motion to discharge. Call 20 the roll, please. 21 THE SECRETARY: Senator Abate. 22 SENATOR ABATE: Yes. 23 THE SECRETARY: Senator Alesi. 24 SENATOR ALESI: No. 25 THE SECRETARY: Senator Breslin. 2453 1 SENATOR BRESLIN: Yes. 2 THE SECRETARY: Senator Bruno. 3 SENATOR BRUNO: No. 4 THE SECRETARY: Senator Connor. 5 SENATOR CONNOR: Yes. 6 THE SECRETARY: Senator Cook. 7 SENATOR COOK: No. 8 THE SECRETARY: Senator 9 DeFrancisco. 10 (There was no response. ) 11 Senator Dollinger. 12 (There was no response. ) 13 Senator Farley. 14 SENATOR FARLEY: No. 15 THE SECRETARY: Senator Gentile. 16 SENATOR GENTILE: Yes. 17 THE SECRETARY: Senator Gold. 18 SENATOR GOLD: Thank you. 19 THE PRESIDENT: Senator Gold. 20 SENATOR GOLD: Madam President, 21 if I could briefly explain my vote, I want to 22 thank Senator Hoffmann for -- as being not only 23 a member of our Conference but for sensitizing 24 me as to farm issues and upstate issues. I want 25 to thank Senator Stachowski, Senator Nanula for 2454 1 sensitizing me as to issues in that Buffalo 2 area. Senator Dollinger, thank you, I think I 3 understand the problems of Rochester a little 4 more, and that reflects on my vote, and I want 5 to thank those colleagues on the other side, 6 Senator Goodman and Senator Velella and Senator 7 Skelos and others who have been able to 8 sensitize me to appreciating the problems we 9 have in the city of New York. 10 I know that one of the arguments 11 that I hear all of the time is that it's good to 12 have a few Republicans in the Republican 13 Majority because, after all, they can explain 14 some problems of the City to their colleagues, 15 and it seems to me that today is sort of a test 16 of their potency or impotency when it comes to 17 whether or not they are able to sensitize their 18 colleagues and, to tell you the truth, I'm root 19 ing for you, because if somebody put a lie 20 detector on my arm and asked me whether Senator 21 Roy Goodman is sincere, I would have to say yes 22 or that machine would tell me I'm a liar. 23 But I think we need more than 24 just sincerity and a vote from one or two City 25 members. We need a Conference on the other side 2455 1 that doesn't spit in the eye of its own 2 Republican members from the city of New York 3 and will come out today and give them some 4 support. 5 I vote in the affirmative. 6 THE SECRETARY: Senator 7 Gonzalez. 8 (There was no response. ) 9 Senator Goodman. 10 SENATOR GOODMAN: Yes. 11 THE SECRETARY: Senator Hannon. 12 SENATOR HANNON: No. 13 THE SECRETARY: Senator 14 Hoffmann. 15 (There was no response. ) 16 Senator Holland. 17 SENATOR HOLLAND: No. 18 THE SECRETARY: Senator Johnson. 19 SENATOR JOHNSON: No. 20 THE SECRETARY: Senator Kruger. 21 SENATOR KRUGER: Yes. 22 THE SECRETARY: Senator Kuhl. 23 SENATOR KUHL: No. 24 THE SECRETARY: Senator Lachman. 25 SENATOR LACHMAN: Yes. 2456 1 THE SECRETARY: Senator Lack. 2 SENATOR LACK: No. 3 THE SECRETARY: Senator Larkin. 4 SENATOR LARKIN: No. 5 THE SECRETARY: Senator LaValle. 6 SENATOR LAVALLE: No. 7 THE SECRETARY: Senator Leibell. 8 SENATOR LEIBELL: No. 9 THE SECRETARY: Senator 10 Leichter. 11 SENATOR LEICHTER: Yes. 12 THE SECRETARY: Senator Levy. 13 SENATOR LEVY: No. 14 THE SECRETARY: Senator Libous. 15 SENATOR LIBOUS: No. 16 THE SECRETARY: Senator Maltese. 17 (There was no response. ) 18 Senator Marcellino. 19 SENATOR MARCELLINO: No. 20 THE SECRETARY: Senator Marchi. 21 SENATOR MARCHI: No. 22 THE SECRETARY: Senator 23 Markowitz. 24 SENATOR MARKOWITZ: Yes. 25 THE SECRETARY: Senator Maziarz. 2457 1 SENATOR MAZIARZ: No. 2 THE SECRETARY: Senator Meier. 3 (There was no response. ) 4 Senator Mendez. 5 SENATOR MENDEZ: Yes. 6 THE SECRETARY: Senator 7 Montgomery. 8 SENATOR MONTGOMERY: Yes. 9 THE SECRETARY: Senator Nanula. 10 SENATOR NANULA: Yes. 11 THE SECRETARY: Senator 12 Nozzolio. 13 (There was no response. ) 14 Senator Onorato. 15 SENATOR ONORATO: Yes. 16 THE SECRETARY: Senator 17 Oppenheimer. 18 SENATOR OPPENHEIMER: Yes. 19 THE SECRETARY: Senator Padavan. 20 SENATOR PADAVAN: Yes. 21 THE SECRETARY: Senator 22 Paterson. 23 SENATOR PATERSON: Yes. 24 THE SECRETARY: Senator Present. 25 SENATOR PRESENT: No. 2458 1 THE SECRETARY: Senator Rath. 2 (There was no response. ) 3 Senator Rosado. 4 SENATOR ROSADO: Yes. 5 THE SECRETARY: Senator Saland. 6 SENATOR SALAND: No. 7 THE SECRETARY: Senator Sampson. 8 SENATOR SAMPSON: Madam 9 Chairperson. 10 THE PRESIDENT: Yes, Senator 11 Sampson. 12 SENATOR SAMPSON: I'd like a 13 point of order. The rules do allow a member to 14 be excused because of pecuniary or personal 15 interest before this body. I wish to advise 16 this body that on occasions I had an opportunity 17 to represent both landlords and tenants in my 18 practice; that is being a subject of these laws, 19 so at this point in time, I wish a ruling as to 20 whether or not I can abstain. 21 THE PRESIDENT: O.K. Just a 22 moment. 23 SENATOR PATERSON: Madam 24 President. 25 THE PRESIDENT: Is there any 2459 1 objection? 2 SENATOR PATERSON: Yes. 3 THE PRESIDENT: Senator 4 Paterson. 5 SENATOR PATERSON: Party vote in 6 the negative, Madam President. Party vote in 7 the negative. 8 THE PRESIDENT: We need the 9 consent of two-thirds of the Senators present. 10 Just one moment, Senator. 11 Senator, the point is not well 12 taken. It will be necessary for you to vote. 13 SENATOR SAMPSON: May I explain 14 my vote? 15 THE PRESIDENT: Yes. 16 SENATOR SAMPSON: My heart is 17 against this motion because it fails to strike 18 the balance. It fails to provide equity and/or 19 achieve the fairness for a countless number of 20 small landlords struggling under the yoke of 21 rent control. My heart is heavy - 22 THE PRESIDENT: Order, please. 23 SENATOR SAMPSON: My heart is 24 heavy because the debate surrounding this issue 25 has been shaped by two supreme proposals. The 2460 1 one on the far right calls for me sitting idly 2 by and allowing rent control to expire, thus 3 threatening the poor, the disabled and the 4 seniors in my district which I'm very extremely 5 concerned about. On the far left side, we call 6 for extending a system basically a status quo 7 that is currently, ladies and gentlemen, not 8 working. 9 In 1993 we passed the same bill 10 to extend it for four years. Now in 1997, now 11 we're proposing to extend it another four 12 years. What are we going to do in the interim? 13 The tenants deserve more. They don't deserve a 14 four-year lease. They deserve a lifetime lease 15 to determine their fate. 16 Now, ladies and gentlemen, let's 17 be clear. My district is comprised of small 18 home owners who are victimized by the courts, by 19 DHCR, by the New York City Housing Authority, 20 but what is most interesting, ladies and 21 gentlemen, is that the landlords support in my 22 district, support rent control to some extent. 23 They don't, however, support the current system 24 and so it's to that end I am confronted with a 25 dilemma which there is no middle ground. 2461 1 You see, I was voted into this 2 office on a platform of change. These two offer 3 no proposed change. They, therefore, don't 4 represent the interest of my community, but 5 nonetheless, ladies and gentlemen, I am faced 6 with these choices and these two choices alone. 7 I fear doing nothing would do a 8 disservice to my constituents and do a dis 9 service to the people who voted and put me in 10 office. Therefore, Madam Chair, I vote with my 11 Conference and I vote in the affirmative, but, 12 ladies and gentlemen, let's not sit by for 13 another four years and let nothing happen. 14 A commission should be put 15 together to look at these rent regulations 16 because obviously these laws are not working. 17 There is some change that we need, but they need 18 to work. We can not torment tenants and say, 19 Well, there's a possibility you may go homeless, 20 you know. I myself was homeless for a couple of 21 days when my apartment burned down when I was in 22 law school, and that's very concerning to me and 23 concerning to my constituents, but what we have 24 to do is we have to protect the disabled, the 25 seniors and the poor, but we can no longer sit 2462 1 back and wait another four years and do 2 nothing. 3 We need to deal with the issue 4 now because another four years the same tenants, 5 ladies and gentlemen, up in the chamber, you're 6 going to be back here four years again being 7 concerned about whether or not I'm going to be 8 put out of my apartment. What we should be 9 concerned about is passing some sort of 10 legislation which would give them some security, 11 not only to the tenants but to the small 12 landowners. Just because you're a small 13 landowner does not mean - 14 THE PRESIDENT: Excuse me, 15 Senator Sampson. 16 SENATOR SAMPSON: Thank you, 17 Madam President. 18 THE PRESIDENT: We'll record your 19 vote in the affirmative. 20 Continue the slow roll call, 21 please. 22 THE SECRETARY: Senator 23 Santiago. 24 SENATOR SANTIAGO: Yes. 25 THE SECRETARY: Senator Seabrook. 2463 1 SENATOR SEABROOK: Yes. 2 THE SECRETARY: Senator Seward. 3 SENATOR SEWARD: No. 4 THE SECRETARY: Senator Skelos. 5 SENATOR SKELOS: No. 6 THE SECRETARY: Senator Smith. 7 SENATOR SMITH: Yes. 8 THE SECRETARY: Senator Spano. 9 SENATOR SPANO: No. 10 THE SECRETARY: Senator 11 Stachowski. 12 SENATOR STACHOWSKI: Yes. 13 THE SECRETARY: Senator 14 Stafford. 15 SENATOR STAFFORD: No. 16 THE SECRETARY: Senator 17 Stavisky. 18 SENATOR STAVISKY: To explain my 19 vote. 20 THE PRESIDENT: Senator 21 Stavisky. 22 SENATOR STAVISKY: The current 23 rent control legislation allows for increases 24 every year. Additionally landlords may obtain 25 increases based upon the services and repair and 2464 1 upgrade of the buildings, major capital 2 improvements and -- even hard to think. In the 3 absence of any clearly defined plan to the 4 contrary, perpetuation, continuation of the 5 current rent regulations for four more years is 6 absolutely essential to the stability of 7 neighborhoods such as those that I represent and 8 those that some of the members of the Republican 9 Party represent, and I would hope that they 10 would take that into account. 11 Do not be afraid of change. 12 There had never been an override of the 13 Governor's veto in New York State in 104 years 14 but this Legislature, previous Legislature, 15 showed the courage on an issue where Senator 16 Goodman and I were linked together on a 17 Stavisky-Goodman Law. 18 We were right in doing that, 19 overriding the governor of my party, and I urge 20 you to override through conviction the 21 statements that have been made by the leader of 22 your party here today. 23 I vote in the affirmative. 24 (Applause) 25 THE PRESIDENT: Thank you. 2465 1 Senator, your vote will be recorded in the 2 affirmative. Please continue the slow roll 3 call. 4 THE SECRETARY: Senator Trunzo. 5 SENATOR TRUNZO: No. 6 THE SECRETARY: Senator Tully. 7 SENATOR TULLY: No. 8 THE SECRETARY: Senator Velella. 9 (There was no audible response). 10 THE SECRETARY: Senator Volker. 11 SENATOR VOLKER: No. 12 THE SECRETARY: Senator Waldon. 13 (Affirmative indication.) 14 THE SECRETARY: Aye. 15 Senator Wright. 16 SENATOR WRIGHT: No. 17 THE PRESIDENT: Absentees, 18 please. 19 THE SECRETARY: Senator 20 DeFrancisco. 21 SENATOR DeFRANCISCO: No. 22 THE SECRETARY: Senator 23 Dollinger. 24 SENATOR DOLLINGER: Explain my 25 vote, Madam President. 2466 1 THE PRESIDENT: Senator 2 Dollinger. 3 SENATOR DOLLINGER: I represent 4 no one who lives either in rent-controlled or 5 rent-stabilized apartments, so maybe I'm the 6 wrong guy to talk about this, but in 1992, and 7 in 1994, I was affected by this debate because 8 the Rent Stabilization Association which had 9 given substantial amounts of political 10 contributions found their way to Monroe County 11 in upstate New York and invested in someone who 12 ran against me, who apparently would have sided 13 and voted no on this motion. 14 Well, I'm here today because I 15 want to vote yes. I'm going to vote yes, Madam 16 President, and for me it's a very simple 17 choice. I have always voted for motions to 18 discharge. I'm going to continue to vote for 19 them because they represent a very simple 20 choice. The choice is heavy handed democracy 21 that stifles debate, that stifles discussion, 22 that stifles an opportunity for the will of the 23 people of this state to be heard. 24 If you vote no on this motion 25 you're voting in favor of that kind of 2467 1 democracy. If you vote yes in this instance as 2 the people in this gallery attest, you're voting 3 yes for people's homes, that depend on your 4 vote. It's that simple. Forget all the 5 procedural talk, all this talk about procedure 6 and substance. That's political gobbledegook. 7 If you support the tenants, vote yes as I do. 8 (Applause) 9 THE PRESIDENT: Senator Dollinger 10 will be recorded in the affirmative. 11 Continue the slow roll call, 12 please, the absentees. 13 THE SECRETARY: Senator 14 Gonzalez. 15 (There was no response. ) 16 Senator Maltese. 17 SENATOR MALTESE: Nay. 18 THE SECRETARY: Senator Meier. 19 SENATOR MEIER: No. 20 THE SECRETARY: Senator 21 Nozzolio. 22 SENATOR NOZZOLIO: No. 23 THE PRESIDENT: Oh, Senator 24 Hoffmann. 25 SENATOR HOFFMANN: I'd like to 2468 1 explain my vote, Madam President. 2 Like Senator Bruno, I live on a 3 farm in upstate New York. This is not an issue 4 that affects me personally. It's not an issue 5 that affects any member of my family nor does it 6 affect any of my constituents, but what does 7 affect my constituents is the appearance that 8 strong leader control of this chamber can stifle 9 even a procedural vote on a measure to come to 10 the floor. 11 The district that I represent is 12 overwhelmingly Republican. Senator Bruno has 13 chosen today to characterize things in the most 14 partisan terms, as if Republican philosophy and 15 Democratic philosophy are totally antithetical 16 on this issue and many others, but that is not 17 the way the taxpayers of this state think and 18 operate, and they will repudiate this action on 19 this day on the next opportunity they have to 20 come to the ballot boxes. 21 (Applause) 22 THE PRESIDENT: Order, please. 23 SENATOR HOFFMANN: Now, I would 24 care to hazard a guess that within the ranks of 25 Democratic and Republican elected officials 2469 1 across this state, there is a wide divergence of 2 opinion on rent control as with every other 3 issue, but the minute people are locked into 4 marching in lockstep the way they are in this 5 Legislature, you have set up the situation that 6 cries out for reform. 7 I vote yes on procedure motions 8 to give people an opportunity to express 9 themselves publicly, fairly and with integrity, 10 and I hope that the day will come when everyone 11 in this state can say that they know all of 12 their Senators do the same. 13 (Applause) 14 THE PRESIDENT: Thank you, 15 Senator. 16 The results, please. 17 THE SECRETARY: Ayes 27, nays 18 32. 19 SENATOR PATERSON: Madam 20 President. 21 THE PRESIDENT: I'm sorry. 22 Senator Mary Lou Rath's vote was not called. 23 THE SECRETARY: Senator Rath. 24 SENATOR RATH: No. 25 SENATOR PATERSON: Madam 2470 1 President. 2 THE PRESIDENT: Senator 3 Paterson. 4 I would -- we would like to be 5 read back a detailed statement of this slow roll 6 call, if it would -- if the Chair would 7 accommodate us. 8 THE PRESIDENT: Yes. Will the 9 Secretary read, please. 10 THE SECRETARY: Those recorded in 11 the negative: Senator Alesi, Bruno, Cook, 12 DeFrancisco, Farley, Hannon, Holland, Johnson, 13 Kuhl, Lack, Larkin, LaValle, Leibell, Levy, 14 Libous, Maltese, Marcellino, Marchi, Maziarz, 15 Meier, Nozzolio, Present, Rath, Saland, Seward, 16 Skelos, Spano, Stafford, Trunzo, Tully, Velella, 17 Volker and Wright. Nays 33. 18 Those recorded in the 19 affirmative: Abate, Breslin, Connor, Dollinger, 20 Gentile, Gold, Hoffmann, Kruger, Lachman, 21 Leichter and Markowitz, Mendez, Montgomery, 22 Nanula, Onorato, Oppenheimer, Paterson, Rosado, 23 Sampson, Santiago, Seabrook, Smith, Stachowski, 24 Stavisky and Waldon. Ayes 27. Gonzalez, 25 absent. 2471 1 SENATOR CONNOR: Excuse me, I 2 didn't here Senator Goodman mentioned on that 3 roll call. 4 THE PRESIDENT: Senator Goodman. 5 Would you reiterate his vote, please. 6 THE SECRETARY: Senator Goodman 7 in the affirmative. 8 THE PRESIDENT: Thank you. Would 9 you like to repeat the results, please. 10 THE SECRETARY: Ayes 27, nays 11 33. 12 THE PRESIDENT: The motion to 13 discharge is defeated. 14 Senator Oppenheimer. Oh, Senator 15 Bruno. 16 SENATOR BRUNO: Madam President, 17 I believe there's another motion to discharge to 18 be brought before the floor. 19 THE PRESIDENT: Yes. Secretary 20 will read. 21 Senator Oppenheimer, the 22 Secretary will read. 23 Order. 24 THE SECRETARY: By Senator 25 Oppenheimer, Senate Print 3855, requires 2472 1 electronic system be developed by state Board of 2 Elections. 3 SENATOR OPPENHEIMER: Madam 4 President. 5 THE PRESIDENT: Senator 6 Oppenheimer. 7 Could we have it quiet in the 8 chamber, please. Senator Oppenheimer is 9 speaking. 10 SENATOR OPPENHEIMER: This bill, 11 I will talk briefly on, as I was not aware this 12 was coming up today. I don't have my 13 information with me. I can merely say that this 14 is something that is desperately needed 15 particularly if we're going to try to advance 16 movement toward some good government. 17 Right now, as many people know, 18 the record on our campaign contributions are 19 sent in -- very often are sent in in illegible 20 handwriting, and they are very difficult to - 21 to read. 22 THE PRESIDENT: Excuse me, 23 Senator Oppenheimer. Out of respect for Senator 24 Oppenheimer, could we please have it quiet in 25 the chamber. 2473 1 Go ahead, Senator Oppenheimer. 2 SENATOR OPPENHEIMER: In addition 3 to having our records sent in in any number of 4 ways, most -- many of which may be illegible, 5 they are merely kept in a file and unless 6 requested out, they are never shown to the 7 public and indeed when the public comes and 8 wants to see our campaign financial records they 9 have to pay for them. 10 What will happen under campaign 11 computerization will be really an opportunity 12 for the citizenry to see how we finance our 13 campaigns. It will be a move toward good 14 government. It will permit computerization that 15 will allow the public very rapidly, within a 16 matter of several hours, to know exactly where 17 the money is coming into our campaigns, and it 18 will be legible, and it will be open to every 19 one in the entire state who wants to look at the 20 figures, wants to read who our contributors are 21 and it will be a major step, a major movement 22 toward good government and honest government and 23 I think it is something that we owe the citizens 24 of the state of New York. 25 I am going to ask my colleague, 2474 1 Senator Breslin, to continue with this. 2 THE PRESIDENT: Thank you. 3 Senator Breslin. 4 SENATOR BRESLIN: Madam 5 President, I would add that this past election I 6 was the first candidate in the history of New 7 York to go on line with campaign contributions. 8 It's a necessary time, an important time, to 9 allow anybody who considers a candidate to be 10 able to know how that candidate is being 11 supported, and to do it quickly and with little 12 expense. If you don't have your computer in 13 your home, you can go to the most -- the nearest 14 library. It's time for us to come into the 20th 15 century, to allow all those people to have as 16 much information as they can, before they 17 decide. 18 Thank you. 19 THE PRESIDENT: Would anyone else 20 like to speak on the motion? 21 SENATOR LEICHTER: Madam 22 President. 23 THE PRESIDENT: Oh, Senator 24 Leichter, I'm sorry. I didn't see you there. 25 SENATOR LEICHTER: Madam 2475 1 President, this is an extremely important 2 issue. The fact is that it is more difficult in 3 this state than in almost any other state to 4 find out what campaign contributions have been 5 made. We may have some differences among us as 6 to who should contribute and in what amounts, 7 but I don't think that anybody can get up here 8 on the floor and say the public has no right to 9 know what campaign contributions are being made 10 and, while you may retort, Well, there's all 11 these filings at the Board of Elections, let me 12 tell you, I spent a lot of time this year and my 13 staff has, checking records and it is so 14 difficult, it is almost impossible, records are 15 filed that are totally unintelligible. Records 16 are filed in different places. It is -- it 17 takes Herculean labors to try to put together to 18 get an overall picture. 19 The campaign finance laws in this 20 state are such a disgrace, it sullies each and 21 everyone who is in politics or whatever our 22 political views are. I think that we want to 23 have a clean and honest system. Now, I will 24 make -- have some motions to discharge tomorrow 25 on campaign financing, but the first step, the 2476 1 very first step that we have to take is to have 2 adequate, clear records and in an age of comput 3 erization, when it's possible to pull up so much 4 information so quickly in such a coherent 5 fashion, to have campaign records that are being 6 tested that we're still in the days of green eye 7 shades and quills is a disgrace, and neither the 8 Assembly nor the Senate can justify to the 9 people of the state of New York the usual Albany 10 impasse, well, they want this and we want that, 11 and so on. 12 It ought to be perfectly clear 13 and obvious what needs to be done and this bill 14 does it in a fair, correct manner. I may just 15 point out, it's my understanding this is the 16 very same bill that Senator Hoblock introduced 17 last year, and I give a lot of credit to Senator 18 Breslin for the steps that he's taken to see 19 that his campaign records are open, that he 20 picked up this bill together with Senator 21 Oppenheimer, and really, let's move in this 22 area. 23 Shouldn't be a partisan issue. 24 Nobody should question or doubt that the 25 campaign records ought to be made available in 2477 1 the clearest, simplest technologically most 2 advanced way so everybody, the public, anyone, 3 can know what campaign contributions were made. 4 THE PRESIDENT: Senator Leichter, 5 are you still talking? Are you finished? 6 SENATOR LEICHTER: He wanted - 7 Senator Paterson wanted to know if I had any 8 interest in any computer companies, and so on. 9 I assured him I didn't. 10 THE PRESIDENT: O.K. Thank you. 11 Is there anyone else who would like to speak on 12 this motion? On the motion to discharge, all in 13 favor please signify by saying aye. 14 SENATOR PATERSON: Party vote in 15 the affirmative. 16 SENATOR SKELOS: Party vote in 17 the negative. 18 THE PRESIDENT: The Secretary 19 will call the roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 25, nays 35, 22 party vote. 23 THE PRESIDENT: The motion to 24 discharge is defeated. 25 Senator Skelos. 2478 1 SENATOR SKELOS: Madam President, 2 on page number 21, I offer the following 3 amendments to Calendar Number 439, Senate Print 4 Number 589, and ask that said bill retain its 5 place on the Third Reading Calendar. 6 THE PRESIDENT: So ordered. 7 SENATOR SKELOS: Is there any 8 other housekeeping at the desk? 9 THE PRESIDENT: No. 10 SENATOR SKELOS: There being no 11 -- there being no further business, I move we 12 adjourn until Tuesday, April 8th. 13 THE PRESIDENT: Go ahead. I'm 14 sorry, Senator Skelos. 15 SENATOR SKELOS: I move we 16 adjourn until Tuesday, April 8th, at 11:00 a.m., 17 and Wednesday we will be meeting at 10:00 a.m. 18 THE PRESIDENT: The Senate stands 19 adjourned until Tuesday, April 8th, at 11:00 20 a.m., and also the session on Wednesday will 21 begin at 10:00 a.m. 22 (Whereupon at 5:34 p.m., the 23 Senate adjourned.) 24 25