News from STATE SENATOR

Liz Krueger

New York State Senate, 26^th District

COMMUNITY BULLETIN – November 2005

Message from Liz . . .

In my continuing series on the problem of growing economic polarization in New York City, this month I am going to talk about hunger. Before becoming a State Senator, I worked for most of my adult life for organizations dedicated to addressing the problem of hunger in the United States, and I am deeply disturbed that the problem is only getting worse. A recent study by the United States Department of Agriculture (USDA) indicates that the number of Americans living in households suffering from hunger (lack of money to purchase an adequate diet) has increased for the fifth consecutive year. The numbers are startling! In 2004: 38.2 million people lived in such families, including 13.9 million children – nineteen percent of all children in our country. The number of people living in families suffering from hunger has increased by over 7 million since 1999. The New York City Food Bank estimates that in New York City alone, at least 2 million New Yorkers are too poor to meet their basic needs and at on-going risk of hunger. These figures reflect the current realities of intensified income polarization, stagnant wages, and sky-rocketing housing and healthcare costs, while our government social safety net has eroded, leaving more and more Americans living on a precipice.

A key reason for this increase has been the economic stagnation of the early 21^st Century, which has impacted families at the bottom of the economic spectrum with greater severity. Federal nutrition programs have partially limited the impact of these forces, but now these programs are coming under increasing attack in Congress. The Republican leadership in the House of Representatives is pushing an Agriculture Spending bill that would cut the food stamp program by $844 million. During a period where the Federal government’s own studies acknowledge that hunger is increasing dramatically in the United States, such a proposal is unconscionable. There is simply no excuse for the continued existence of so much hunger in a country with as much wealth as the United States.

In fact, what policy makers should be attempting to do is increase access to Food Stamps for eligible people. Another recent USDA study indicates that in 2003 over 16 million individuals eligible for Food Stamps were not receiving them – approximately 41% of the entire eligible population. Helping people to received benefits they are eligible for would go a long way towards decreasing the number of hungry Americans, while at the same time increasing food sales in our economy and creating new jobs.

The story in New York mirrors that in the country as a whole. Over 760,000 New Yorkers eligible for Food Stamps do not receive them, representing approximately 41% of the eligible population. Securing access to Food Stamps for these New Yorker’s would both address hunger in our City and bring millions of new federal dollars into the local economy. Several studies confirm that that New York City forfeits over $650 million dollars in annual federal benefits due to under-enrollment in the Food Stamp program. Food Stamps are 100% paid by the federal government. Given the fact that these dollars are immediately spent at local grocery stores, it is incomprehensible that New York City would not want to enroll every possible participant

What can New York City do to increase enrollment in the Food Stamp program? For starters we should look at programs in cities that have demonstrated success in increasing Food Stamp participation. Three such cities are Memphis, with a participation rate of 97%, Washington D.C (86%) and Philadelphia (85%). All have adopted innovative approaches to encouraging Food Stamp enrollment.

Memphis is one of a number of cities participating in an outreach project, which utilizes a computer-based screening tool called EarnBenefits, which is provided to local community-based organizations to enable them to determine eligibility for their clients, and generate and submit online applications for food stamps and other benefits. In Philadelphia, the USDA has provided funding to a local coalition of CBO’s that used university students and community volunteers for an outreach project that conducts pre-screenings and estimates potential benefit levels over a telephone hotline and at local grocery stores. Washington D.C has focused its efforts in improving outreach and sensitivity to immigrant communities, who often experience difficulty navigating the food stamp application process due to language and cultural barriers.

The Food Stamp program must be a central part of our efforts to address hunger in America and in New York City. Locally we must find ways to increase enrollment, and at the national level, we must make it clear to Congress and the President that adopting policies that will result in even greater increases in the incidence of hunger is morally unacceptable. The current national Republican strategy of paying for the cost of Katrina and of the war in Iraq by cutting Food Stamps, Medicare, Medicaid, and other programs that serve the neediest Americans, must be opposed in the strongest possible terms. A number of organizations are organizing to fight these efforts, including the Coalition on Human Needs (http://www.chn.org/index.html) and the Food Resource and Action Center (http://www.frac.org/). Visit their websites to find our more about these efforts.

Community Spotlight

University Without Walls Program Available to Homebound Seniors

DOROT has established a “University Without Walls “ program that offers classes, support groups, and holiday celebrations to hundreds of seniors over the phone. Using telephone conference calls, the program gives homebound seniors the opportunity to learn, be part of a community, and express their ideas and thoughts. For more information on University Without Walls course offerings and registration, visit their website at http://www.dorotusa.org/seniors/uwow_frameset.shtml or call 212-769-2850.

Locate Emergency Food Programs Online or By Telephone:
The New York City Coalition Against Hunger operates an internet locator service to allow people to identify emergency food programs in their area, as well as a telephone Hunger Hotline. The website is available at http://nyccah.org/. The toll-free hotline can be reached at 866-888-8777. 
 
Heat Season Has Begun:
The City Housing Maintenance Code and Multiple Dwelling Law requires building owners to provide heat and hot water to all tenants. Building owners are required to provide hot water 365 days per year at a constant minimum temperature of 120 degrees Fahrenheit. Between October 1st and May 31st, a period designated as "Heat Season," building owners are also required to provide tenants with heat under the following conditions:
· Between the hours of 6:00 AM and 10:00 PM, if the outside temperature falls below 55 degrees, the inside temperature is required to be at least 68 degrees Fahrenheit; 
· Between the hours of 10:00 PM and 6:00 AM, if the temperature outside falls below 40 degrees, the inside temperature is required to be at least 55 degrees Fahrenheit.
Tenants who are cold in their apartments should first attempt to notify the building owner, managing agent or superintendent. If heat is not restored, the tenant should call the City's Citizen Service Center at 311 (311 can be accessed outside of New York City by dialing (212) NEW YORK). For the hearing impaired, the TTY number is (212) 504-4115. The Center is open 24-hours a day, seven-days a week.

Spotlight on Policy

Legislative Reform

Earlier this month, oral arguments were presented before Judge Jane S. Solomon at New York State Supreme Court regarding a motion to dismiss my lawsuit against the “three men” over dysfunctional legislative practices. As you may remember, in February I joined Assemblyman Tom Kirwan (R-Newburgh), and the Urban Justice Center in filing suit against Governor George Pataki, Senate Majority Leader Joseph Bruno, Assembly Speaker Sheldon Silver, the Senate, and the Assembly, challenging various rules and practices that contribute to the Legislature’s dysfunction. We are represented by the Urban Justice Center and its Director Douglas Lasdon and pro bono by Cleary Gottlieb Steen & Hamilton LLP and its partner and former Counsel to Governor Mario M. Cuomo, Evan A. Davis. The arguments on the motion to dismiss involved a spirited discussion of the role of the courts in addressing a variety of constitutional issues the case raises regarding legislative practices. Judge Solomon is expected to issue a ruling on the motion in 6-8 weeks.

The complaint incorporates the recent report of the Brennan Center for Justice at New York University School of Law, entitled The New York State Legislative Process: An Evaluation and Blueprint for Reform. In particular, the complaint identifies numerous rules and practices of the Legislature and Governor that illegally discriminate against legislators belonging to the minority party of each house in violation of the United States Constitution, the New York State Constitution, and the laws of New York.

I had hoped that my colleagues would recognize the need to respond to the public outcry over the way we do business in Albany. Unfortunately that has not been the case, and while there have been some minimal reforms, proposals that would fundamentally challenge the antidemocratic procedures of the State Legislature have been blocked. I therefore reluctantly turn to the courts and ask for their assistance in ensuring that all New Yorkers receive the equal protection and representation they are entitled to under the State Constitution.

Among the practices challenged in the complaint are the following:

• Unequal funding of member support: Minority party legislators receive less funding than members of the majority party with equal responsibility for constituent communication and other necessary expenses.

• Unequal member items: Minority party members also receive less funding for “member items,” which are funds for legislator-initiated projects in their districts made available in violation of the constitutional appropriation requirement.

• Placing insurmountable obstacles to discharge motions: Minority party legislators are effectively prevented from bringing bills to a vote before the full house because majority leaders control when and whether bills are reported out of committee, even when they have a reasonable prospect of success.

• Secret debates and votes: Members of the majority party meet in secret conferences to debate and vote upon pending legislation.

• Abuse of messages of necessity: Although the Governor frequently invokes messages of necessity to pass legislation, thereby avoiding the State Constitution’s requirement that all bills be on the desks of all legislators at least three days before the vote, he does not personally sign the messages of necessity.

• Leadership control over member pay: The leaders of each house of the Legislature control whether members receive additional compensation, commonly known as “Lulus,” and they punish members who fail to follow their direction by reducing or eliminating altogether these stipends; this makes it nearly impossible for a member of the minority party to solicit the support of members of the majority party.