Top Ten Council Members
1. Tony Avella
2. Letitia James
3. Melissa Mark Viverito
4. John Liu
5. Rosie Mendez (tie)
5. Daniel Garodnick (tie)
6. Gale Brewer (tie)
6. Thomas White (tie)
7. David Yassky
8. Bill de Blasio (tie)
8. Kendall Stewart (tie)
9. David Weprin (tie)
9. Alan Gerson (tie)
9. Oliver Koppell (tie)
10. Eric Gioia
New York City Council Watch
2009 Human Rights Report Card
The Human Rights Report Card aims to provide reliable and accessible information on the performance of City Council representatives in protecting and advancing the basic human rights of New Yorkers in 2009.
Download the 2009 Human Rights Report Card
- Methodology including Criteria used for Speaker
- Overview of City Council's 2009 Human Rights Record
- Summary of Legislation Used in Scorecard
- Human Rights Standards
The 51 members of the New York City Council are elected to protect the interests of all New Yorkers. As the primary law-making body of the City, and with the power to approve the City’s budget, the City Council makes decisions that affect the lives of New Yorkers on a daily basis. Like every governmental body, the City Council has a duty to protect the basic human rights of its constituents. Unfortunately, this is not always the case. Health, food, housing, education, work, freedom of expression, and freedom from discrimination are some of the human rights that are not always protected or advanced by the decisions City Council makes—and when they are, many New Yorkers do not hear about the good work of the Council in order to take advantage of the stronger protections available.
Find your City Council Member here
Miguel Martinez (resigned from office)
Christine Quinn (Speaker) See Additional Speaker Assessment here
For Information on the 2008 Human Rights Report Card
Methodology
Council Members were assessed using the following three criteria:
1. Votes on Key Legislation
2. Sponsorship on Legislation Pending a Vote (Introductions or Intros)
3. Human Rights Questionnaire
Percentage |
Measurement Tool |
Points (100 points total for each category is weighted to correspond with percentage) |
60% |
Votes on Key Legislation |
Average of total number of bills. ~100 points for each bill passed. |
| 10% | Primary Sponsorship on Key Legislation | Average of total number of primary sponsorships. ~100 points for each bill passed. |
20% |
Sponsorship on Pending Legislation |
Average of total number of bill sponsorships. ~100 points for sponsors. |
5% |
Primary Sponsorship on Pending Legislation |
Average of total number of primary sponsorships. ~100 points for each bill passed. |
5% |
Sum of total affirmative responses. ~100 points total. |
Total rankings were calculated by averaging votes across all seven categories (Advancing Democracy, Advancing Equality, Environmental Justice, Health, Housing, Work and Education) used in the 2009 Human Rights Report Card, with each vote weighted equally, and not by averaging the scores of each issue area. See 2009 Calculation Sheet used with detailed scores.
The Human Rights Project is working to develop reliable criteria to assess the work that Council Members' put into improving legislation before it is passed. This is a very important part of the legislative process, and we hope to use this additional measurement in future report cards.
Please note that the report card does not include a comprehensive list of legislation passed over the course of the year. In some cases, there was no specific legislation to use in the issue area. This could be attributed to a number of factors including the fact that some issues are primarily legislated at the State and Federal levels such as education or immigration. Conversely, in some issue areas, there were numerous bills passed. We relied on the opinion of advocates to identify the most important pieces of legislation to include in the report card for 2009.
For more information about legislation passed in 2008/2009, please see the New York City Council's website.
Votes on Key Legislation
The Human Rights Project consulted advocates with expertise in housing, health, education, workers rights, environmental justice, criminal justice, juvenile justice, at-risk youth, domestic violence, women’s rights, immigrant rights, LGBTQ rights, and racial justice in order to identify key legislation that was passed from September 2008 to August 2009, as well as bills that have been introduced and are pending a vote at City Council. Council Members’ votes on key legislation were assessed on whether or not they advanced human rights.
Legislation was determined to advance or violate human rights by measuring its mandate against universally accepted standards drawn from human rights law. For example, a Council Member’s vote for a bill that will expand access to health insurance is a positive indicator of his or her support towards advancing the right to health. See below for details on the human rights standards used.
In this year’s report card, primary sponsors of bills were allotted extra points in addition to the points they received or lost for their vote on a bill. Excused absences counted against a Council Member’s record. Abstentions were awarded half the points of a vote.
Sponsorship on Legislation Pending a Vote (Introductions or Intros)
The overwhelming majority of bills voted on from September 2008 to August 2009 passed with the unanimous support of all Council Members present. However, this does not indicate that Council Members are uniform in all their positions. Some very important bills that are introduced in City Council languish for years without coming up for a vote, often because they do not have the strong backing of the Speaker or the Mayor. Bills can have an improved chance of moving through the legislative process if a significant number of Council Members sponsor and push them. In order to obtain a more complete measure of a Council Member’s support for specific issues, we have allotted points to sponsors of pending legislation. Primary sponsors of bills were allotted extra points in addition to the points they received for sponsorship of a bill.
Human Rights Questionnaire
A human rights questionnaire was sent to every Council Member, and Council Members were allotted points based on their responses. All Council Members received letters about the report card, and at least one follow-up call.
Criteria Used for the City Council Speaker
This year’s report card includes an additional assessment of the Speaker of the New York City Council. The Speaker is responsible for setting the legislative agenda of the Council and essentially determines whether and when bills that are introduced are scheduled for a hearing and/or a vote. The criteria used to assess the Speaker’s performance include:
Substance of Bills moved through the Legislative ProcessThe Human Rights Project considered the number of bills that were scheduled for a vote from September 2008 to August 2009 to determine the type of bills that were prioritized in the legislative agenda this past year.
Review of Bills Supported by the Mayor (i.e. requested or introduced in conjunction with the Mayor)The Mayor can request that legislation be introduced at City Council by working with a Council Member to introduce the bill. Council Members may also introduce bills in conjunction with the Mayor. For the purposes of this report, legislation is referred to as being “supported” by the Mayor if the Mayor requested the bill or if the bill was introduced in conjunction with the Mayor. The Human Rights Project assessed bills that were voted on from September 2008 to August 2009, and compared the percentage of bills that were requested by the Mayor, or introduced in conjunction with the Mayor, to the percentage of bills that were requested by other City Council Members. This criterion was used to gauge how the Speaker maintained the independence of the City Council (as the City’s legislative body and therefore an independent branch of government) from the executive branch.
Review of Bills scheduled for a Vote or a HearingThe Human Rights Project also assessed the number of bills that were introduced in City Council but had not been scheduled for a hearing or a vote. Hearings permit public discussion and debate on bills that have been introduced to identify the merits and/or drawbacks of the bill, as well as to clarify outstanding questions. This criterion was used to evaluate how the Speaker was advancing the basic democratic principles of promoting debate and the will of the City Council Members.
Overview of City Council's 2009 Human Rights Record
The City Council had a mediocre human rights record from September 2008 to August 2009. While it enacted some important laws to advance the human rights of New Yorkers, it did not pass bills to protect renters and homeowners from eviction or foreclosure, promote small business survival, guard workers against exploitation, or protect youth from discriminatory disciplinary practices. The Council also neglected to pass bills that would institute accountability measures in promoting the equal treatment of New Yorkers in the delivery of city services, as well as big development projects. It is worth noting again that the Speaker plays a key role in defining this agenda.
An assessment of the bills voted on and introduced by Council Members indicates strong support for advancing equality for all New Yorkers particularly groups vulnerable to discrimination and abuse including senior citizens and youth in juvenile detention. The overall score for bills to advance equality was 70%. The City Council also showed solid support for environmental justice, with an overall score of 72%, and health with a score of 64%. There was one bill passed on housing to secure rent stabilization laws through 2012, and most Council Members voted in favor of this bill. As a result of the term limits vote—the most controversial vote of the assessment period—the City Council scored much lower when its record on advancing democracy was assessed; an average of 32%. The Council also scored poorly on protecting the rights of workers and small/micro businesses with an average score of 40%. There were no laws passed on education during the assessment period. Council Members were assessed on their support of the right to education by looking at their sponsorship of two pending bills on education.
It may surprise some to know that the vast majority of bills that are voted on in City Council are passed without a single negative vote. The most controversial bill of the assessment period was term limits, and twenty-nine Council Members scored an F for their vote in favor of it thereby extending the maximum number of terms that elected officials can run for office from two to three terms. The term limits bill was introduced at the request of Mayor Bloomberg and passed in just two weeks, despite major public opposition. By deciding the matter legislatively, 29 Council Members chose to disregard the will of New Yorkers as twice expressed by public referendum. This year, Council Members were assessed on the following issue areas: democracy, advancing equality, environmental justice, health, housing, workers’ rights, and education. Some issues may appear absent from this report card—criminal justice, juvenile justice, and child welfare—were included under the advancing equality category.
Summary of Legislation Used in Scorecard
Advancing Democracy: Respect for basic civil and political rights is key to any functioning democracy. We have included the issue of term limits in this year’s report card again because the timeframe for the report card shifted up to September 2008. Again, this year, the term limits law marks the defining legislative moment of City Council and continues to be the most controversial votes of the past 12 months. In addition to the term limits bill, a bill requiring more New York Police Department (NYPD) transparency in policing protest, and a bill on voter registration was used to measure Council Members’ support for democratic principles:
»Term Limits. Int. 845 (Passed: 10/23/08. Intro: 10/7/08) Int. 845 changes the numbers of consecutive terms that New York City’s elected officials can serve as mayor, public advocate, comptroller, borough president and council member from two full terms to three full terms. The bill set the interests of the Mayor and several term-limited Council Members in opposition to the wishes of the New York City public who had expressed their desire for a two-term limit previously by passing two public referenda on the subject. By sidestepping a public vote, the bill violates the human rights principles that the basis of government’s authority rest with the will of the people.
»Policing Free Speech and Assembly. Int. 743 (Intro: 3/26/08) Int. 743 would require the NYPD to keep records of all applications for and policy interactions with First Amendment assemblies. These records would explain any modifications or denials of applications as well as any police interaction with First Amendment assemblies. Along with providing strict guidelines for the NYPD’s record keeping and conduct, this bill also gives organizers flexible registration timeframes and allows for spontaneous protests and demonstrations. The bill is intended to protect the rights to freedom of assembly and expression.
»Voter Registration for Youth. Int. 690 (Intro: 1/30/08) Int. 690 would require the New York City Department of Education to provide postage paid voter registration forms to students within thirty days of their eighteenth birthday. Previously the department was only required to provide voter registration forms to students receiving diplomas. The bill promotes increased access to the political process.
Advancing Equality: New York City has one of the most comprehensive civil rights laws in the nation, protecting against discrimination based on: race, age, national origin, alienage or citizenship status, gender (including gender identity and sexual harassment), sexual orientation, disability, marital status, partnership status, arrest or conviction record, and status as a victim of domestic violence. In housing, the law also provides protections against discrimination based on any lawful source of income. The elimination of all forms of discrimination is a key step to ensuring equal enjoyment of rights by all groups. The following bills were used to measure Council Members’ support in advancing equality:
»Elder Abuse Prevention. Int. 737 (Passed: 9/4/08. Intro: 3/12/08) Int. 737 requires senior centers contracting with the City to undergo trainings, establish resource networks, run formal education campaigns, and post helpful information regarding domestic abuse of the elderly. The elderly are particularly vulnerable to abuse, and this law would promote their rights to health, and to be free from degrading treatment and violence.
»Annual NYPD Firearm Discharge Reports. Int. 516 (Passed: 1/7/09. Intro: 2/1/07) Int. 516 requires the NYPD to produce an annual report on the discharge of firearms including all intentional, unintentional and unlawful shootings. Such incidents are to be disaggregated by the subject’s age, race and gender, among other characteristics. The bill requires that the reports be automatically shared with the City Council, but does not require the data to be made public. Collection and publication of information by the NYPD is key to addressing the disproportionate use of force on young men of color.
»Buyers of Consumer Debt. Int. 660 (Passed: 3/11/09. Intro: 12/11/07 )Int. 660 amends the definition of “debt collection agency” to include debt-buyers who use third party agencies or attorneys to collect debt. Many debt buyers have claimed that they do not have to comply with the City's licensing requirements because they do not engage in collection work themselves, but hire others to do it for them. However, this change clarifies that debt buyers are subject to the City’s licensing requirements and oversight including the federal Fair Debt Collection Practices Act and New York’s General Business Law. Some debt buyers have been among the worst perpetrators of abusive debt collection practices against New York City residents, disproportionately affecting those are poor, disabled, or elderly. Int. 660 helps to restore the right of low-income households in New York City to fair and ethical lending practices.
»Jail Data Reporting on Adolescents. Int. 937 (Passed: 4/22/09. Intro: 2/26/09) Int. 937 requires that the Commissioner of the Department of Corrections post a quarterly report on the department’s website containing information regarding census data and security indicators for adolescents in city jails. Census data will include the total number of adolescent admissions to city jails, disaggregated by age, gender, percentage previously admitted to a facility operated by the department and those admitted to a facility under the jurisdiction of the department of juvenile justice. Security shall include separate indicators, disaggregated by facility, such as incidents of stabbing, slashing, assaults on staff, fight infractions, allegations and incidents of use of force, hospitalization resulting from the use of force, use of chemical, homicides, attempted suicides, suicides and allegations of and sexual assault related to adolescents. This bill will help maintain a safer detention environment for youth, in particular youth of color who comprise the vast majority of the detention population, however the bill would be greatly enhanced if it is amended to include race data.
»Senior Citizen Rent Increase Exemption. Int. 1026 (Passed: 3/18/09. Intro: 6/19/09) Int. 1026 streamlines the administration of the Senior Citizen Rent Increase Exemption (“SCRIE”) program by replacing the Department for the Aging with the Department of Finance as the agency that administers the program. The SCRIE program protects eligible renters from increases in rent above one-third of their household income. In return, the landlord receives a real estate tax abatement equal to the amount of the rent forgiven. The change was intended to make the administration of SCRIE more efficient, and would reduce the turnaround time for low-income seniors waiting for their benefits.
»Community Impact Reports. Int. 801 (Intro: 6/29/08) Int. 801 would require that any city agency or affiliate complete an assessment of the impacts of any city-subsidized economic development project on the surrounding community, prior to granting its approval. The assessment would include: the number of businesses and employees who would be displaced; the demographic characteristics of those negatively affected tracking race, economic-status, gender, and age; the number and types of jobs to be produced with a breakdown of the range of remuneration offered; and the number of positions that would be filled by individuals from the surrounding community. This bill would promote accountability and equal protection in development projects.
»Human Rights in Government Operations. Int. 731 (Intro: 3/12/08) Int. 731 would require the City to ensure that policies that have a disproportionate negative impact based on gender, race, sexual orientation, and other protected classes are corrected to guarantee the full enjoyment of human rights by all New Yorkers. City agencies would be required to conduct a human rights analysis to proactively identify and propose solutions to policies and practices that have the unintentional consequence of discriminating in the areas of employment practices, allocation of funding and human resources, and public service delivery. The bill would require city agencies to consult with people directly affected by discriminatory policies in assessing and developing solutions to them. By addressing the disparate negative impact of policies on historically vulnerable groups, the bill would advance equality.
»Transparency in Immigration Services. Int. 720 (Intro: 2/27/08) Int. 720 would require immigration service providers to post bilingual signs notifying customers that they are neither licensed attorneys nor accredited by the Board of Immigration Appeals to give legal advice. The signs would also include information on the client’s right to cancel any contract with the provider, as well as information on where to anonymously complain against the provider. This law promotes equal access to information for immigrants who are particularly disadvantaged by language barriers.
»Collecting and Reporting Data Related to Youth Aging Out of Foster Care. Int. 950 (Intro: 3/24/09) Int. 950 would require the Administration for Children’s Services (ACS) to collect and disseminate data related to the education, employment, income security, housing, and criminal justice involvement of youth within the foster care system. This data would assist the City Council in evaluating how successful the ACS is in fulfilling its mandate to adequately prepare youth who age out of foster care for stable and independent lives, as well as the need for policy changes. This bill would facilitate improved services for youth in foster care, who are disproportionately low-income youth of color and LGBT youth, and vulnerable to discrimination.
Environmental Justice: Environmental Justice links social injustice to environmental problems. The City Council generally has a better record on broader environmental legislation but not when viewed through a lens of racial or social justice. Environmental justice requires that we consider the disproportionate negative effect of environmental problems on low-income communities and communities of color.The following bills were used to assess Council Members’ record on environmental justice:
»Increasing and Establishing Fees for Solid Waste Transfer Stations. Int. 840 (Passed: 3/11/09. Intro: 9/24/08) Int. 840 increases fees for land (including piers and land under water) used as a dump or solid waste transfer station. This bill also establishes an annual fee to be collected from operators of solid waste container facilities. The increased fees would generate funding needed to better enforce the Department of Sanitation’s regulations. Communities that host the majority of the City’s waste transfer stations and bear the impacts are predominantly low-income communities and communities of color. Environmentally sound and equitable solid waste management would have a positive impact on these communities.
»Ultra Low Diesel Fuel. Int. 684 (Passed: 2/26/09. Intro: 1/30/08) Int. 684 requires that all diesel-powered generators used in the production of films, television programs and advertisement and at street fairs be powered by ultra low diesel fuel. The Mayor’s office of film, theatre and broadcasting, along with the street activity permit office, are required to issue notices of this requirement to all applicants. The bill would contribute to the reduction of diesel pollution generated in New York City neighborhoods and would benefit low-income communities with poor air quality.
» Engine Idling Violations. Int. 631 (Passed: 1/28/09. Intro: 10/17/07) Int. 631 amends city law restricting the motor engine idling to prohibit the idling of vehicles adjacent to public or non-public schools for more than one minute. This bill requires that reports including data on the number of violations, summons, and penalties incurred as a result of the law be submitted to the City Council, and also requires that applicants for driver’s licenses be tested on their knowledge of city and state laws governing engine idling. Idling is an issue for low-income communities of color, where emissions from idling trucks around the many industrial and manufacturing facilities located there aggravate already poor air quality. Poor air quality is felt most acutely felt by children especially those suffering from asthma and other respiratory problems; a health problem disproportionately affecting low-income children of color.
» Brownfield and Community Revitalization Act. Int. 21 (Passed: 4/22/09. Intro: 2/1/06) Brownfield sites are properties that are difficult to redevelop or utilize due to the potential presence of hazardous waste, petroleum, pollutant and other contaminants. Int. 21 requires that the City develop a comprehensive and coordinated program to facilitate the re-use of Brownfield sites, and to periodically report to the public on the program’s implementation. The bill would aid clean-up and redevelopment of contaminated sites that are predominantly found in low to moderate income neighborhoods and communities of color.
»Asthma-Free Housing Act 2008. Int. 750 (Intro: 4/16/08) Int. 750 would require owners of multi-family homes to inquire yearly on whether any resident has been diagnosed with asthma, chronic pulmonary obstructive disease, or lung cancer. Owners would be required to inspect units where a susceptible person lives for indoor allergen hazards and provide notice of the owner’s obligations to residents under this Act. The bill would classify indoor allergens as a violation of the housing code, and the City would be required to report on the cost of implementation, violations, and asthma rate. Asthma rates are particularly high in low-income communities of color, and this bill would promote a healthier living environment.
Health: The City Council’s record on advancing the right to health was generally positive over the past year. However, the City Council could take a much bolder step towards fulfilling the right to health by following the example of San Francisco and providing accessible and affordable primary and preventive care, emergency room visits, prescription medications, and more to city residents. The following bills were used to measure Council Members’ support in advancing the human right to health for all New Yorkers:
»Inspection of Drinking Water Supply and Distribution Tanks. Int. 408 (Passed: 2/11/09. Intro: 8/16/06) Int. 408 requires owners of buildings that employ storage or distribution tanks in their water supply system have their tanks inspected at least once annually, and maintain such records for at least five years from the date of inspection. The bill also requires that building owners post a notice stating that these records are available upon request, and that one may contact the Department of Mental Health and Hygiene if they are not made available within five days. The bill would promote the health of tenants and homeowners by ensuring that they have safe and clean drinking water that is inspected annually.
»Food Allergy Posters. Int. 818 (Passed: 2/26/09. Intro: 8/14/08) Int. 818 requires that food service establishment display a poster of food allergy information in several of the main languages spoken in New York City including, at a minimum, Chinese, English, Korean, Russian and Spanish. The poster must be displayed in plain sight of all employees involved in the preparation and service of food. This bill would help educate restaurant staff on allergies to reduce the possibility of customers suffering harmful allergic reactions.
»Expansion of Health Insurance Coverage to Families of Certain Deceased Employees. Int. 917 (Passed: 1/28/09. Intro: 1/28/09) This bill expands the health insurance coverage provided by the city code to families of employees of the police, fire, corrections and sanitation departments, who died as result of an accident or injury sustain in the course of duty, to include families of deceased employees of the department of environmental protection. This bill promotes the right to health by expanding health insurance coverage even if for a limited category of New Yorkers.
»Clinic Access. Int. 826 (Passed: 4/2/09. Intro: 9/24/08) Int. 826 prohibits any person from obstructing access to reproductive health care facilities, and making such conduct subject to criminal and civil penalties. This bill protects women’s right to reproductive health.
»Services for HIV/AIDS Patients. Int. 691 (Intro: 1/30/08) Int. 691 would expand services offered to all people infected with HIV, including those who are asymptomatic. Previously services were only available to people with clinical or symptomatic HIV. This bill would promote increased access to appropriate health services.
Housing: The lack of adequate housing in the City is one of the biggest issues facing New Yorkers. There are several bills that would protect tenants and homeowners in New York currently pending a hearing or vote in City Council. The City Council can also use its legislative power on land use issues to push for an increased number of affordable housing units provided by developers. The following bills were used to measure Council Members’ support in advancing human right to adequate housing:
»Extending Rent Stabilization. Int. 923 (Passed: 3/24/09. Intro: 2/11/09) Int. 923 states that rent stabilization laws will stay in effect until 2012 in order to address the city’s housing crisis particularly given the current economic crisis.
»Tenant’s Right to Notice of Foreclosure. Int. 956 (Intro: 3/24/09. Hearing held: 4/21/09) Int. 956 would require any entity or individual, other than government entities, that initiates an action for foreclosure of homes comprising one to five dwelling units, to notify all tenants living in those homes of the action within ten days. The bill is responding to a recent report that 60% of foreclosure filings in 2007 were on buildings with less than five units. In addition to ensuring that tenants receive adequate notice of foreclosure of their home, the bill also requires that tenants be provided with information on their legal rights and at least one governmental entity that they may contact with questions regarding the foreclosure.
»Rent Stabilization Online. Int. 698 (Intro: 2/13/08) Int. 698 would require the New York City Department of Buildings to provide online access to the rent control or rent stabilization status of an apartment or building. Each borough superintendent would be required to keep a record of all applications regarding construction, alteration and removal of buildings, and all city and state departments would be required to coordinate, share and publish such information. By providing more information on affordable housing, the bill would promote the right to housing.
»Fair Housing. Int. 685 (Intro: 1/30/08) Int. 685 would promote measures to fight segregation in residential housing on the neighborhood, borough, city and regional levels, and would attempt to counteract the current impact of past discrimination and segregation. New York City is one of the most segregated cities in the United States. The bill would promote equal access to housing.
»Counsel for Foreclosing. Int. 682 (Intro: 1/30/08) Int. 682 would provide legal counsel to renters or occupant owners who are subject to eviction or foreclosure proceedings including in rental dwellings, co-ops, condominiums, in certain one or two family homes, and/or if a minor is living with the family. Eligible individuals must proactively request this service. The bill would protect the right to legal security of tenure in housing.
»Counsel for Foreclosing 2. Int. 648 (Intro: 11/15/07) Similar to Int. 682 above, Int. 648 would provide legal counsel to renters or occupant owners who are subject to eviction, ejectment or foreclosure proceedings including in rental dwellings, co-ops, condominiums, in certain one or two family homes, and/or if a minor is living with the family. More expansive than Int. 682, this service would be provided not only at the request of eligible individuals, but also the courts or organizations designated to represent such renters or occupant owners. The bill would protect the right to legal security of tenure in housing.
»Illegal Hotels. Int. 534 (Intro: 3/14/07. Hearings held: 12/3/07) Int. 534 makes it illegal to convert dwelling units legally approved for residential use to hotel use. Violators would be fined per dwelling unit converted from residential to hotel, in monetary terms, increasing with the frequency of infractions. This bill would help preserve permanent residential affordable housing for tenants in New York City.
Workers Rights: The rights of workers and to work are even more vulnerable in an insecure economic environment. City Council Members were assessed on legislation they voted on or sponsored that would increase protections for workers. We included the 2008 approval by City Council of the Willets Point Development Plan in this year’s report card again because it falls into the timeframe of this report. The Willets Point Development Plan has already resulted in the harassment by city officials of small business owners and workers in the auto industry located at Willet Points. Two other bills that would protect small and micro business owners have also been included in this assessment, as has a bill that would promote equal employment of minority and women-owned businesses.
»Participation of Minority- and Women-Owned Business Enterprises. Int. 888 (Passed: 12/9/08. Intro: 12/9/08) Int. 888 amends City law to require all applicants for construction projects to participate in a program that ensures meaningful participation of minority- and women-owned business enterprises in order to receive tax benefits in accordance with the industrial and commercial abatement program. Applicants are also required to agree to comply with all applicable city, state and federal laws designed to ensure equal employment opportunity.
Willets Point Development Plan. Res. 1687, 1688, 1689, 1690, 1691, 1692 (Passed: 11/13/08. Intro: 11/13/08) Res. 1687-1692 approved rezoning plans for redevelopment of Willets Point, a 62-acre expanse that has been home to auto-related businesses near Shea Stadium over the past few decades. The plan was approved by a majority of Council Members despite initial opposition echoing community concerns about the inadequate provision of affordable housing in the new plan, and the forcible displacement of approximately 1700 workers in about 250 small tenant businesses using eminent domain. The approved plan offers 35% of its new units as affordable housing, and a paltry $3 million for the displaced businesses. The resolutions are authorize the use eminent domain to acquire properties in Willets Point. The City agreed to negotiate a deal to aid the displaced workers and tenant businesses and negotiations are still in process. While the final plan is much better than what was initially proposed, the process did not meet human rights standards for forcible displacement by neglecting to engage in genuine consultation with the Willets Point tenant businesses and workers; neglecting to provide them with adequate notice of the proposed evictions; and failing to ensure legal aid and remedies. Since passage of the plan, the City has engaged in a campaign to harass several of the Willets Point workers. The Urban Justice Center will be releasing a report on this issue this fall.
»Small Business Survival Act. Int. 847 (Intro: 10/7/08. Hearings held: 6/29/09) Int. 847 would create new guidelines regarding the renewal of commercial leases. Unless the tenant requests a shorter period, the bill would require renewals for commercial leases to extend for a minimum of ten years. In the case of any dispute, the renewal process would be conducted in three phrases: negotiation, mediation, and arbitration. If the tenant and landlord cannot reach an agreement through the negotiation phase, a process of mediation, and later of arbitration, begins under the guidance of a person chosen by the parties or by an association such as the American Arbitration Association. This bill would protect New York City’s small businesses which are most vulnerable to price hikes and extortion during the lease renewal process.
»Paid Family Leave. Int. 805 (Intro: 7/23/08) Int. 805 would require private employers of one or more employees to provide paid leave following the federal Family and Medical Leave Act, limited to twelve weeks during any twelve month period. Employers may use accrued sick leave and/or paid disability leave for the purposes of providing paid family leave. The bill would improve work conditions for New Yorkers and enable more workers—particularly women who have historically born the disproportionate burden for care work—to balance family needs with employment.
»Responsible Restaurant Act. Int. 569 (Intro: 5/9/07. Hearings held: 3/31/08) Int. 569 would require the City to consider whether food service establishments (FSE) meet the standards of the City’s Health Code and are operated and maintained in compliance with city, state and federal minimum wage law, hours of work law, overtime compensation law and employment discrimination law before issuing or renewing a permit to operate the FSE. The bill also would make retaliation against those who report any infractions of FSEs unlawful. This bill would protect the labor rights of the City’s more than two-hundred thousand food service workers.
»Vendor Licenses. Int. 324 (Intro: 5/10/06. Hearings held: 11/14/08) Int. 324 would increase the maximum number of full-term permits issued to general and food cart vendors to 25,000 and allow for a yearly increase once that maximum number has been reached. The current cap on permits issued by the City forces thousands of vendors to work without a license. Increasing the number of permits issued would improve access to work opportunities for New Yorkers particularly immigrants, who comprise the majority of street vendors, and enable them to provide an adequate standard of living for themselves and their families.
Education: Education policy is largely decided at the state level but the City Council can take some legislative action to improve the quality of education and parent participation in schools. The City Council did not pass any laws on education in the past year however there are two important bills used in this report card pending a hearing and vote.
»Making Webcast Equipment Available to PTAs. Int. 948 (Intro: 3/24/09) Int. 948 would make webcast technology and equipment available to all parent associations, parent teacher associations, and community education councils, and would allow such groups to record meetings and produce live webcasts. The bill would promote parent and community participation in education.
»School Safety Act. Int. 816 (Intro: 8/14/08) Int. 816 would expand the jurisdiction of the Civilian Complaint Review Board to include complaints against abusive police behavior in schools by School Safety Agents. The bill would require the Department of Education and Police Department to report to the City Council quarterly on school safety matters. This report would include a breakdown by race/ethnicity, age, sex and student status of the suspects and victims involved in any incidents, those against whom action was taken by the policy as well as those suspended or expelled from school. The bill would identify and mitigate increased police involvement in non-criminal, non-violent incidents affecting the quality of education of youth, and the disproportionate impact of school safety policies on students of color.
Human Rights Standards
Other standards coming soon.