COMMITTEE ON LEGISLATION JOINT WITH COMMUNITY AFFAIRS, PUBLIC SAFETY
MINUTES: MAY 2, 2005 - DRAFT
MEMBERS: Legislation Chair: Martin Rogowsky; Legislators: Pinto, Myers, Burrows, Stewart-Cousins
Community Affairs Chair: Judy Myers, Astorino, Bronz
Public Safety Chair: Richard Wishnie, Astorino, Kaplowitz, Rogowsky, Spreckman
IN ATTENDANCE[ams91] \IN INNNNNNIUIN BOL: Michael Davis; CE: Bill Randolph, Kevin Ryan, Michael Long; Pace Women’s Justice Center: Susan Pollet; LSHV: Mary Grace Ferone, Office for Women: Martha Anderson, Thea Dubow, Camille Murphey; LWV: Barbara Strauss, Joy Rosensweig, HRC: Alison Greene
The Legislation, Community Affairs and Public Safety Committees were called to order at 1:20 PM
Chair Rogowsky introduces a resolution in support of optical scanning voting machines in accordance with the HAVA act.
After brief discussion regarding the issue a motion was made by Legislator Stewart-Cousins to approve the resolution on behalf of the Legislation Committee with a 2nd by Legislator Pinto. The motion passed without opposition. On behalf of the Community Affairs Committee a motion was made by Legislator Bronz to adopt the resolution with a 2nd by legislator Astorino. The motion passed without opposition.
After brief discussion it was decided to convey the resolution to the committee on technology for further review.
The Community Affairs Committee approved it’s minutes for March 7 and April 11th with a motion by Legislator Bronz and a 2nd by Chair Myers. The committee also Received and filed and items 52b 56a 56b 57 60 60a on its agenda.
Community affairs adjourned motion on motion by Legislator Bronz and a 2nd by Chair Myers. Adjourned 1:37
Chair Rogowsky introduced issue of housing discrimination against victims of domestic violence.
The Committee recognized Allison Green from the Human Rights Commission and Camille Murphy from the Office for Women proposed legislation to reduce housing discrimination against victims of domestic violence.
Chair Rogwosky expressed concern about the legislation as it was drafted because it would allow a landlord to evict a victim if there is behavior that could constitute a nuisance under the law. Further, Legislatior Abinanti pointed out, there is an issue of risk to other tenants of the building.
Alison Greene of the Human Rights Commission reposnded that this law would not change state law with regard to proving a nuisance, rather it would give a victim standing for a hearing before the HRC on her eviction
Legislator Abinanti also brought up question regarding the second part of the law which requires a landlord to make reasonable accommodations to protect the victim and their tenants from threats stemming from Domestic Violence.
The Committee Recognized Susan Pollet executive director of Pace Women’s Justice Center who discussed the reasonable accommodations standard as it applies in the legislation. Ms. Pollet explained that the reasonable accomidations test is a balancing test and each individual case would be evaluated on its merits using the reasonable standard.
Thea Duval Office for Women Recognized by the committee who told her own story of Domestic Violence and expressed concern about dangers to women in being victimized twice by being evicted.
Legislator Kaplowitz noted that section 24 needs to be rewritten and amended. Also when does the cause for a hearing before the HRC begin? Does the landlord have to see the order of protection in order to be liable under the HRC? He also raised the point as to whether this legislation protects current building residents from eviction due to domestic violence incidents.
Mary Grace Ferone Managing Attorney was recognized by the committee. She testified that the Landlords were very powerful and able to bowl over many victims of domestic violence.
The Chair Recognized Stacy Dolgin-Kmetz and Linda Trentacoste of the County Attorney’s office to discuss the legal implications of this legislation.
Legislator Abinanti brought up more concern regarding the terminology “reasonable accommodation” in the legislation. According to the Law Department the reasonable accommodation standard would be fulfilled if the landlord allows the victim to have their apartment. This standard would only kick in when there is actual discrimination.
Legislator Stewart Cousins brought up several areas of concern she has with the legislation regarding keeping information shared by the victim confidential, and with protecting current residents from eviction.
After discussions it was decided by the legislation and public safety committees to discuss this legislation further with the County Attorneys Office and the Human Rights Commission in order to attempt to clarify the legislation. Chair Rogowsky directed that specific questions be submitted to the County Attorney’s Office.
Motion to adjourn by vito 2nd by stewart cousins public safety motion by spreckman 2nd by marty adjourned 2:48
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