NYC legal fight looms

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May 26, 2023 View in browser   By Joe Anuta and Janaki Chadha A legal fight is brewing over New York City's right to shelter law. | Seth Wenig/AP Photo The Adams administration’s bid to end the city’s blanket right to shelter could face a steep legal climb. On Tuesday, City Hall lawyers filed court documents to suspend a 1981 shelter guarantee for adults in cases when the city’s homeless services department lacks the necessary resources. Protections for families with children would remain unchanged. The move — which immediately generated outrage from local Democrats and support from Republicans — is just the latest mayoral attempt to weaken the protections of a 1981 consent decree that, along with related laws and court rulings, establishes the city’s right to shelter. In the 1990s, former Mayor Rudolph Giuliani attempted to attach work requirements to shelter stays — a move that was rebuffed by a judge. His successor, Michael Bloomberg, won the right to remove disruptive adults from shelters. Throughout the years, there have been various other legal attempts to tweak the way the city operates its shelter system under the auspices of the courts. Consent decrees of this type can be modified if, in legal parlance, if there has been a change in law or fact. Mayor Eric Adams argues the more than 70,000 migrants who have passed through the city and the more than 44,000 currently in the shelter system constitutes an unprecedented scenario, and that the city needs more flexibility. “To say that other mayors tried to do something: No one had to deal with what I am dealing with right now,” Adams said at an unrelated press briefing Wednesday. “And because of that, no mayor in … history had to try the different things I am going to try to resolve this humanitarian crisis.” But Robert Hayes, the attorney who brought the original case that established the mandate, said the Adams administration’s request goes much further than those of previous mayors — which makes it a riskier ask from the courts. “There were fringe motions to modify but nothing to eliminate the right to shelter,” he said in an interview. “Nothing like [Adams’ request] has ever happened.” In other words, there is a big difference between asking to loosen a specific practice — the required ratio of showers to people, for example — and seeking to end the guarantee for adults altogether, according to Josh Goldfein, staff attorney for the Legal Aid Society. “You don’t go to the judge and say: I want to have no obligations whatsoever in advance,” he said. “That’s like the people asking [former President Donald Trump] for a pardon in advance of Jan. 6.” From the Capitol SUNY is getting state aid to help develop programs to get students trained for jobs in renewable energy. | Matthew Brown/AP Photo RENEWABLE ENERGY: Gov. Kathy Hochul announced Friday the SUNY programs selected as grants recipients for expanding training initiatives and preparing students in the offshore wind sector, a growing industry in the state. The $4 million funds awarded from the Offshore Wind Training Institute aim at boosting offshore wind workforce development and are part of a call for proposals launched in October 2022 for SUNY and SUNY-affiliated institutions. "Nation-leading programs like the Offshore Wind Training Institute are essential to ensuring that the State's workforce is ready to support our ambitious renewable energy goals," Hochul said. "SUNY, in partnership with NYSERDA, is equipping new and existing workers to participate in the green energy revolution here in New York for generations to come — helping us address the climate crisis and create a greener state for all." The second round of grant recipients will be announced in the summer. — Eleonora Francica From City Hall Ana Almanzar was appointed Friday, May 26, 2023, as deputy mayor for strategic initiatives by Mayor Eric Adams. | Michael Appleton/Mayoral Photography Office NEW DEPUTY MAYOR: Ana Almanzar, a former state official who has long been active in the nonprofit space, will be the next deputy mayor for strategic initiatives, filling a spot left open earlier this year when Sheena Wright was promoted to first deputy mayor. The commissioner of CUNY will report to her, as will the commissioner of the Department of Youth and Community Development along with a handful of other agency heads.The job will be slightly different than when it was held by Wright, to whom Almanzar will report, after a shakeup in leadership outlined in a recent executive order. Almanzar will be the first Dominican deputy mayor, which the mayor said was evidence he has prioritized putting women in high-ranking positions in his administration. “The criteria that others use to bring on leadership is different from mine,” he said. — Zachary Schermele WEIGHT DISCRIMINATION BANNED: Adams officially signed a law banning discrimination based on weight and height in the city. It applies to employers, landlords and public accommodations. The bill was first introduced in the City Council in March by Shaun Abreu, a Manhattan Council member who said he gained weight during the pandemic and noticed it affected the way people treated him. Similar bills have been enacted across the country in recent years. “It helps level the playing field for all New Yorkers,” Adams said.  — Zachary Schermele On The Beats An exterior photo of the Long Island Rail Road Long Beach Station on May 26, 2023, as MTA officials encourage riders to take the train to the Long Island beaches in the summer. | Provided by the Metropolitan Transportation Authority TRAIN TO THE BEACH: With trains running from Grand Central Station to Long Island, northern suburbanites can now pack their coolers and sunscreen and take the train to the beach. That was the message Friday from MTA leaders, who were on the Long Beach Boardwalk to promote summer travel to Long island via the Long Island Rail Road. The opening of Grand Central Madison makes it easier for Metro-North riders to get to Long Island beaches, they said, and avoid the traffic jams that are synonymous with summers on the island. "The LIRR is the best way to explore everything Long Island has to offer this summer,” LIRR interim president and Metro-North Railroad resident Catherine Rinaldi said in a joint statement. “Relax and skip the traffic while we get you to the beach, park, or winery. With increased service out of Grand Central Madison, we’re ready to serve communities across New York.” — Joseph Spector THRUWAY TOLLS: The state Thruway Authority plans to raise tolls on the 570-mile superhighway next year. But it needs to do a better job of collecting current tolls, an audit released Friday found. The Thruway Authority has $276.3 million in uncollected tolls now in the hands of a collection agency as of March, according to the audit from state Comptroller Tom DiNapoli. In response, the Thruway said many of the audit’s recommendations are already underway and the amount unpaid is a small portion of the $3.3 billion it took during the four-year audit period. – Joseph Spector More here: As higher tolls loom, Thruway Authority has $276 million in uncollected tolls EDUCATION: Rep. Grace Meng announced legislation that would make Diwali, the South Asian and Indo-Carribbean festival of lights, a federal holiday. Under the Diwali Day Act, Diwali would become the 12th federally recognized holiday in the U.S.. Diwali typically takes place in October or November. “This is something that I am proud as an Asian American to introduce this during our heritage month, and as you may know we are also pushing similar efforts for Lunar New Year and Eid,” Meng said during a virtual press conference Friday. Assemblymember Jennifer Rajkumar, who previously introduced legislation that would give New York students the day off for the first day of Diwali, noted Assembly Speaker Carl Heastie’s announcement that the Assembly intends to pass legislation to observe Lunar New Year and Diwali as holidays in New York State before the close of the legislative session next month. “Congresswoman Meng intends to make history by making Diwali a federal holiday,” Rajkumar added. Schools Chancellor David Banks stressed the need to acknowledge individuals who are Hindu, Jain and Buddhist. “I think it’s really important that we show them through our actions that we value their heritage, not just with words and lip service,” Banks said. “I’ve been publicly supportive of state legislation that would allow for the New York City Public Schools to acknowledge and observe Diwali.” — Madina Touré Around New York — Via The New York Times: ‘More and More Teenagers Are Coming to School High, N.Y.C. Teachers Say.’ — Staten Island Ferry service is undergoing several changes — including delays — due to a national marine worker shortage. (WNYC) — ‘Central NY home sales fall 37% in April; median price up 11%,’ Upstate New York reports. — New Yorkers are looking for new amenities to be included in their luxury residential buildings. (Crain’s New York)   Follow us on Twitter Anna Gronewold @annagronewold Joseph Spector @JoeSpectorNY   Subscribe to the POLITICO Playbook family Playbook  |  Playbook PM  |  California Playbook  |  Florida Playbook  |  Illinois Playbook  |  Massachusetts Playbook  |  New Jersey Playbook  |  New York Playbook  |  Brussels Playbook  |  London Playbook View all our political and policy newsletters Follow us

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