Thursday, September 15, 2022

POLITICO New York Playbook: Adams suggests city's right to shelter 'must be reassessed'

Presented by Con Edison: Erin Durkin and Anna Gronewold's must-read briefing informing the daily conversation among knowledgeable New Yorkers
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By Erin Durkin, Anna Gronewold and Julian Shen-Berro

Presented by Con Edison

This is New York City Mayor Eric Adams' view of the city's shelter system: It's "nearing its breaking point." That's because of an influx of 11,000 asylum seekers who have arrived in the last few months, many of them bused here by Texas Gov. Greg Abbott as part of a political strategy.

The mayor's statement comes fast on the heels of the city's latest violation of its landmark right to shelter law, which requires the city to provide for people experiencing homelessness. At least 60 men were turned away from the main intake shelter in Manhattan.

"In this new and unforeseen reality, where we expect thousands more to arrive every week going forward, the city's system is nearing its breaking point," Adams said Wednesday. "As a result, the city's prior practices, which never contemplated the bussing of thousands of people into New York City, must be reassessed." What does that mean? It's not entirely clear, and the mayor's office refused to clarify. But it sure sounds like he is talking about challenging or modifying the legal right to shelter, a 1981 agreement guaranteeing that anyone without a place to sleep be given a bed.

We'll note that while the city's shelter population is growing fast, it is not at a record high, and shelters have absorbed more people than this in the past. The shelter population exceeded 60,000 in the de Blasio administration, and is now around 56,000. But the influx of migrants led to a previous violation of the right to shelter law, when the city failed to place families in shelters in July.

"It is now clear that this Administration simply does not have a handle on the city's sprawling homelessness crisis," the Legal Aid Society and the Coalition for the Homeless said in a joint statement. "We are extremely alarmed by the frequency of these violations under this Administration."

If Adams does intend to mess with right to shelter, he'll have a fight on his hands. "The right to shelter is protected under the NYS constitution. No legislature, state or local, can 'reassess' it," said Rep. Ritchie Torres. "But for the right to shelter, NYC would have the same level of street homelessness as California, where homeless encampments are ubiquitous." Legal Aid and the Coalition added the longstanding legal principle "is not subject to unilateral tinkering by a new administration."

IT'S THURSDAY. Got tips, suggestions or thoughts? Let us know ... By email: EDurkin@politico.com and agronewold@politico.com, or on Twitter: @erinmdurkin and @annagronewold

WHERE'S KATHY? Signing legislation to help public servants access loan forgiveness.

WHERE'S ERIC? Touring the city's Asylum Seeker Resource Navigation Center, speaking at the Department of Design and Construction employee awards, meeting with the mayor of Jerusalem, attending the Teatro Real Gala, and hosting a Hispanic and Latinx Heritage Month Celebration.

ABOVE THE FOLD — Florida Gov. Ron DeSantis got in on the Republican campaign of transporting migrants north yesterday, flying about 50 people to Martha's Vineyard as Florida Playbook and Massachusetts Playbook chronicled this morning.

A message from Con Edison:

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What City Hall's reading

"One Big Winner of Eric Adams's Rare Mayoral Veto: the Owner of Zero Bond," by Hell Gate's Christopher Robbins: "Last January, during his first two weeks in office, Mayor Eric Adams vetoed a piece of legislation aimed at enforcing zoning laws in some of Manhattan's most expensive neighborhoods. In explaining the rare mayoral veto—the first in eight years—Adams noted that it was a 'small piece of legislation' related to a much bigger and important package of laws, the SoHo/NoHo rezoning, which he supported. 'We've been hearing concerns about that specific legislation, and are going to make sure that we can productively work together to improve it over the coming months,' Adams said in a statement. One notable person who likely benefited from this veto: Scott Sartiano, the owner of Zero Bond, the members-only nightclub where our mayor regularly holds court."

"Detainee hangs himself on Rikers Island, marking 14th in-custody death," by New York Post's Gabrielle Fonrouge: "A detainee locked himself inside of a staff bathroom and hanged himself on Rikers Island Wednesday, marking the 14th death in Department of Correction custody so far this year, The Post has learned. Kevin Bryan, who entered the notorious jail complex six days ago after he was arrested for burglary, was found hanging from a pipe inside of a staff bathroom at the Eric M. Taylor Center just after 7 a.m., according to jailhouse sources and internal records. Prior to his death, the officer on duty had secured Bryan, 35, inside of an officer's station after he was 'bullied' and threatened by other detainees, according to sources and Benny Boscio, the president of the Correction Officers' Benevolent Association."

City Council speaker has dim view of proposed redistricting, by POLITICO's Joe Anuta: New York City Council Speaker Adrienne Adams said Tuesday that a set of new district lines being cooked up by the New York City Districting Commission are unlikely to pass muster with lawmakers. The commission, which redraws the Council lines every decade after the national census, released its first iteration of the maps in July. After a round of marathon public hearings in each of the boroughs, it is expected to put out a revised version by next week for Council review. Adams has taken issue with several boundary lines, including a configuration that she argued dilutes Black voting power on her home turf of Southeast Queens. Should the 51-member body vote down the plan, map critics would have another shot to push changes both behind the scenes and in the arena of public opinion.

"Two Nursing Home Residents Die After a Legionnaires' Outbreak," by The New York Times' Hurubie Meko: "Two people with Legionnaires' disease have died at a Manhattan nursing home after Legionella, a bacterium that causes the disease, was discovered at the facility, according to the New York State Department of Health. It was not clear if Legionnaires' was the primary cause of their death, a spokesman for the department said. The state has investigated a total of eight possible cases of Legionnaires' disease associated with the Amsterdam Nursing Home, in Morningside Heights, between June and the beginning of September, the Health Department spokesman said. Four of the eight people have died, including the two who were confirmed to have had the disease,he said. A third, nonfatal case was also confirmed as positive for Legionnaires' disease."

"Brooklyn mom 'fell through ACS cracks' before drowning her kids at Coney Island Beach: source," by New York Daily News' Rocco Parascandola and Larry McShane : "City child welfare monitors botched their handling of the troubled Brooklyn woman accused of drowning her three children off Coney Island beach, a source familiar with the case told the Daily News. 'She fell through the cracks,' the source said of 30-year-old Erin Merdy, who was charged with murder Wednesday for the horrific deaths of her 7-year-old son, 4-year-old daughter and 3-month-old son. As recently as mid-July, Merdy was under the watch of the city Administration for Children's Services, partly because she was depressed following the birth in May of her youngest child."

— The mother was charged with murder.

 

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WHAT ALBANY'S READING

Biden admin officials worried about potential polio spread, by POLITICO's Erin Banco and Megan Messerly: Top Biden health officials, increasingly concerned about the polio case in New York, have met several times in recent weeks to determine how to increase vaccination rates and improve surveillance, according to two senior administration officials. The conversations have taken place at the National Security Council, with senior officials from the White House, the Centers for Disease Control and Prevention and the Department of Health and Human Services.

" New York health officials expand monkeypox vaccine eligibility," by Spectrum's Nick Reisman: "New York health officials on Wednesday expanded eligibility for the monkeypox vaccine with plans to distribute 3,840 vials sent to the state by the federal government. Previously, eligible people for the monkeypox vaccine was limited to people who were likely exposed to the virus. Under the next phase, the vaccine is being made available to people who at risk of becoming infected. 'By expanding eligibility, we are hopeful that many more New Yorkers will get immunized and prevent further transmission,' state Health Commissioner Dr. Mary T. Bassett said."

"Charlotte Bennett Sues Cuomo Over Sexual Harassment Accusations," by The New York Times' Luis Ferré-Sadurní: "Charlotte Bennett, a onetime executive assistant to former Gov. Andrew M. Cuomo who was among the first women to lodge sexual harassment accusations against him, filed a lawsuit in federal court against the former New York governor on Wednesday. The lawsuit, which also seeks damages from three of Mr. Cuomo's former top aides, including Melissa DeRosa, accused him of sexual harassment, gender discrimination and retaliation in violation of federal, state and city laws."

#UpstateAmerica: Raccoons are raiding Albany County legislator Sam Fein's home.

 

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Biden and the Boroughs

(AND BUFFALO) 

"VP Kamala Harris touts climate crisis solutions during Buffalo visit ," by Buffalo News' Maki Becker, Robert J. McCarthy and Mike McAndrew: "Vice President Kamala Harris promoted climate change benefits for Buffalo and the rest of America in the recently passed Inflation Reduction Act in a speech at the University at Buffalo on Wednesday. She said the No. 1 issue that young people talked to her and President Biden about in 2020 when they were running for office was the climate crisis. 'It is front and center on their minds for good reason. In your lifetime, your generation has experienced every one of the 10 hottest summers on record. You have seen your communities decimated by wildfires, flooded by hurricanes and choked by drought. Here in Buffalo you have watched as toxic algae has spread through Lake Erie,' she said. And she said young people have seen the U.S. government 'fail to act with the urgency this crisis demands.'"

— ANALYSIS: "VP Kamala Harris' speech in Buffalo underscores nation's deep political divide," by Buffalo News' Robert J. McCarthy

— "'She kept her word': Vice President Harris meets again with families of Tops massacre victims," by Buffalo News' Maki Becker

TRUMP'S NEW YORK

"N.Y. Attorney General May Sue Trump After Rejecting Settlement Offer," by The New York Times' Ben Protess, Jonah E. Bromwich and William K. Rashbaum: "The New York attorney general's office has rebuffed an offer from Donald J. Trump's lawyers to settle a contentious civil investigation into the former president and his family real estate business, setting the stage for a lawsuit that would accuse Mr. Trump of fraud, according to three people with knowledge of the matter. The attorney general, Letitia James, is also considering suing at least one of Mr. Trump's adult children, the people said. Ivanka, Eric and Donald Trump Jr., have all been senior executives at Mr. Trump's company, the Trump Organization. The likelihood of a lawsuit grew this month after Ms. James's office rejected at least one settlement offer from Mr. Trump's lawyers, the people said. While the Trump Organization for months has made overtures to the attorney general's office — and the two sides could still reach a deal — there is no indication that a settlement will materialize anytime soon."

 

Join POLITICO Live on Tuesday, Sept. 20 to dive into how federal regulators, members of Congress, and the White House are seeking to write the rules on digital currencies, including stablecoins. The panel will also cover the tax implications of crypto, which could be an impediment to broader adoption and the geopolitical factors that the U.S. is considering as it begins to draw regulatory frameworks for crypto. REGISTER HERE.

 
 
AROUND NEW YORK

— A judge ruled that an NYPD cop denied a religious exemption from the Covid-19 vaccine mandate cannot be fired.

— Taxi fares would jump 23 percent under a city proposal.

— A bill passed by the City Council requires the city to give overdose-reversing naloxone to bars and nightspots.

— Adams took a jab at former Mayor Bill de Blasio's Spanish skills, saying he doesn't speak the language at press conferences because he doesn't want to "butcher" it like his predecessor.

— The City Council voted to set boundaries on a Times Square zone where guns will be banned.

— Council Speaker Adrienne Adams called the mayor's planned budget cuts "counterproductive."

— The U.S. Supreme Court let stand for now a ruling that Yeshiva University must recognize an LGBTQ student group.

— Thousands of 911 calls have been made by the same man to a fictional address at 312 Riverside Drive.

— The city is refusing to release letters sent to yeshivas outlining findings on the quality of their secular education.

— City Council Speaker Adrienne Adams and Council Member Gale Brewer are backing a request to allow asylum seekers to work legally.

— A report found that neighborhoods with the highest gun violence also suffer from high rates of unemployment, mental illness, and housing unaffordability.

— The group 21 in '21 , which aimed to elect more women to the City Council, has renamed itself The New Majority NYC now that women are a majority of the City Council.

— A group representing resident advisers filed a complaint with the National Labor Relations Board accusing Columbia University of breaking labor laws.

— Cardi B gave $100,000 to her former middle school in the Bronx.

— A new "Vote Yes for Clean Water & Jobs Coalition" is launching a seven-figure campaign to promo the Environmental Bond Act.

— A $60 million state grant will expand security checkpoint and concession areas at Albany International Airport.

— Foliage fans can start leaf peeping early this year, as trees have begun to shift colors in the Catskills.

SOCIAL DATA BY DANIEL LIPPMAN

HAPPY BIRTHDAY: Chris Lehmann … NPR's David FolkenflikAlex Yudelson … CBS' Adam Aigner-Treworgy … CNN's Ryan Nobles … McKinsey & Company's Max Berley … NYT's Eliza Shapiro Ned Rothenberg 

MAKING MOVES — Tricia Dietz has been named assistant commissioner of housing incentives at the New York City Department of Housing Preservation and Development. She previously served as assistant commissioner for inclusionary housing at HPD. … Matthew Syrkin has been hired at O'Melveny as a partner in New York and will be co-chair of its media-tech group. He most recently was a partner with Hughes Hubbard & Reed, where he was founder and global chair of its media, technology and commercial transactions group and co-chair of the data privacy and cybersecurity group.

A message from Con Edison:

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Real Estate

"Tiffany Cabán Approves Major Astoria Housing Development, Bucking Trend Among Progressives," by New York Focus's Sam Mellins: "New York City Councilmember Tiffany Cabán on Tuesday announced her support for a proposed rezoning that will allow a three-tower, 1300-unit housing development in Astoria known as Halletts North, in a shift from how other progressive lawmakers have approached recent land use decisions. Cabán's support for Halletts North likely ensures the full City Council's approval of the project, since the council traditionally follows the lead of the local councilmember in deciding whether to give the go-ahead. One in four units in the development will be earmarked for affordable housing."

"500-Foot Tower Coming To Upper East Side Corner, Plans Show," by Patch's Nick Garber: "A developer intends to build a 535-foot-tall apartment tower on an Upper East Side corner, in what would appear to be the tallest building ever constructed north of 72nd Street, according to newly filed plans. The Naftali Group filed plans with the city on Thursday for the new tower at 255 East 77th St., on the corner of Second Avenue. Naftali had paid $72.6 million last year to acquire the five low-rise buildings on the block's south corner, and began demolishing them earlier this year. Replacing them will be a 36-story tower containing just 55 apartments, according to plans filed with the Department of Buildings. "

"Who Knew What and When? City Officials to Testify Under Oath On NYCHA Arsenic Readings," by The City's Greg B. Smith: "The repercussions from positive arsenic readings at NYCHA's Jacob Riis Houses in the Lower East Side continued Wednesday with the City Council announcing a hearing next week to put NYCHA and City Hall officials under oath to explain what happened. Three separate council committee chairs will team up at a Sept. 23 joint hearing to get a clear explanation of how the public housing authority and Mayor Eric Adams first told Jacob Riis Houses tenants, 2,600 in all, that tests taken to determine the source of cloudy water there showed arsenic in their water. Then a week later they turned around and said the tests were false positives and that there was no arsenic."

 

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