Sen. Brian Kavanagh

Praised Housing Access Voucher Program as five-year victory ensuring residents pay up to 30% of income toward rent, Mitchell-Lama tax cuts, and neighborhood preservation funding.

Housing sponsor highlighted $2.65 billion in housing and community development spending, including $306 million for public housing, $600 million for new construction in NYC, and programs for rural areas. Noted that specific labor standards will be determined through subsequent RFPs and program development.

Highlighted housing crisis provisions including doubling the Low-Income Tax Credit, expanding Historic Tax Credits, and implementing a waiting period on institutional purchases of one- and two-family homes to improve homeownership accessibility.

The sponsor argued that EPR programs work because they require convenient collection and recycling without imposing a fixed consumer fee, allowing industry to distribute costs efficiently. He noted that other states' fee-based programs are not necessary for success and that New York's approach mirrors successful EPR programs for other products like electronics and paint.

Sponsor argued that a specific fee removes efficiency incentives and that New York's approach with electronic waste, carpeting, and battery EPR bills avoids consumer fees. Stated the bill treats all producers equally and does not exempt foreign manufacturers, requiring all to submit approved recycling plans.

Highlighted that communities have been fighting hospital closures and seeking transparent, participatory processes for Health Department decisions on service closures or downsizing. Thanked Sen. Rivera for bringing stakeholders together to develop a bill that could pass both chambers.

The sponsor argued the bill protects tenant access rights while allowing flexibility for household needs like caregivers and service providers. He emphasized the bill only applies to landlords who voluntarily implement smart access systems and clarified that the four-key limit applies per unit, not per occupant, with replacements available at cost after the first loss.

Defended $250 million in NYCHA capital funding as necessary given decades of federal, state, and city underfunding. Noted extensive federal and state oversight mechanisms and emphasized that public housing serves 600,000 New Yorkers in NYC alone, with residents paying 30 percent of income toward rent averaging $555/month.

Explained housing provisions including the New York Housing for the Future program, good-cause eviction protections, and IAI increases. Noted court cases upholding similar rent stabilization provisions and emphasized strong labor protections in new housing programs.

The bill clarifies long-settled law that courts can remedy overcharges without proving all elements of common law fraud. The chapter amendment improves the original June bill by explicitly requiring willful and intentional rent increases, providing clarity and remedies for tenants paying more than legally permitted.

Sponsor of the bill who emphasized that designating Lunar New Year as a school holiday recognizes the cultural significance to Asian-American New Yorkers and reflects the state's diversity. The AAPI community has grown 38 percent between census counts.

The sponsor explained the bill clarifies prospective application of HSTPA provisions and establishes legislative intent regarding overcharge claims. He emphasized the bill does not create new retroactive penalties or presumptions of fraud, and operates within constitutional constraints established by Regina Metro.

Argued the bill clarifies the fraud standard from Grimm and Regina Metro without creating new retroactive liability. Stated the goal is to codify existing case law so courts don't have to continue interpreting Regina Metro, and that the standard applies only to intentional misstatements of rent or regulatory status, not common-law fraud.

Sponsor argued the bill is modeled on successful New York EPR programs and informed by other states' experiences. Emphasized that 30% overall recycling rate by Year 5 is minimal compared to California's 81% standard, and that industry has not objected to the targets after discussions.

Advocated for all-electric buildings mandate as essential to meet climate goals under CLCPA. Argued that buildings are responsible for 30% of greenhouse gas emissions and that all-electric construction is feasible and cost-effective. Noted that NYC already has similar provisions and that grid reliability exceptions exist.

Noted continuation of $5.5 billion five-year housing capital plan from prior year, with new capital funding for public housing, Mitchell-Lama preservation, elderly housing, and a Small Rental Development Initiative for rural communities.

Praised Part T lead poisoning remediation program with $20 million for cyclical inspections and remediation in high-risk zip codes, addressing one of nation's highest childhood lead poisoning rates.

The bill ensures homeowners injured by lender or servicer violations have legal recourse. The "material" violation requirement was added in response to prior concerns, and similar private rights of action exist under federal law and in California and Ohio without causing excessive litigation.