Goldstein Hall PLLC – Attorneys at Law

Supportive Housing and Other Providers: Your Clients’ Right to Vote

goldsteinhall — Tue, 15 May 2012 21:01:29 +0000

Sponsors of supportive housing offering clinical and social services components, group homes and other providers are under scrutiny for unduly, or even illegally manipulating clients in order to sway elections. Such claims bring to light this subtle form of disenfranchisement, and the manner in which developmentally disabled persons may be exploited, manipulated, stripped of their fundamental dignity by others seeking a political agenda.

In the midst of this election season, providers of services and housing for the developmentally disabled are reminded of the right of those individuals to vote. Beyond emotional provocation, the individuals’ right to vote raises rather interesting legal and public policy issues. Federal law, including the Americans with Disabilities Act, protects the right of developmentally disabled persons to vote. No eligible American should face disenfranchisement. Yet, states are authorized to enact local legislation affecting voting rights of such individuals. May a person’s developmental disability be such that the person is not “capable” of voting? What does “capable” mean? States (the State of Missouri, for example) that have tried to restrict or deny voting rights to developmentally disabled persons have been challenged.

New York State’s statutes affirm the rights of developmentally and similarly disabled individuals to vote. However, reports have emerged that developmentally disabled persons, and similarly vulnerable individuals, have been influenced to vote in favor of a particular party or candidate. Thus the issue of concern for providers goes beyond, “do such individuals have the right to vote?”, to, “Is the right of such individuals being influenced or even impaired?”.

Providers should support and facilitate their clients’ opportunity to vote. Assistance may include encouraging clients to vote, explaining the voting process and escorting clients to the polls. At the same time, providers are advised to exercise caution in doing so. Providers must avoid conduct, such as advocating or preparing absentee ballots, that may be construed as improper. Please consult with legal counsel or organizations such as, “Autism Speaks” and “NYS Association of Community and Residential Agencies”, for further guidance.

Written by Philip J. Onorato

World’s First Vertical Forest Under Construction in Milan

goldsteinhall — Tue, 27 Mar 2012 16:28:56 +0000

In Milan, a forest will soon be planted in the sky. Building works for a pair of skyscrapers that will become home to the world’s first vertical forest is underway. The brainchild of architect Stefano Boeri, the €65 million ‘Bosco Verticale’ is already under construction. When complete, the skyscrapers will contain luxury apartments, each one equipped with a copious balcony specially designed to hold around 900 small trees and other plants. If planted on the ground the total vegetation would cover an area of 10,000 square metres.

As well as providing green outdoors space for residents, and providing the city with some much needed green views, the project should have a range of other benefits, including:

filtering pollution
absorbing CO2 and dust particles
reducing noise pollution to the building
improving the microclimate
saving energy by sheltering the building from solar radiation in summer
reducing rainwater run-off so curbing flooding.

And all this, claims Boeri, for a premium of just 5% on the cost of normal high rises.

A Greener Strategy for New York’s Runaway Sewage

goldsteinhall — Tue, 27 Mar 2012 15:37:49 +0000

New York State and city officials announced Tuesday that they had wrapped up an agreement under which the city would commit more than $2 billion in public and private investment to new environmental techniques to help prevent the flow of untreated sewage and storm water into city waterways when it rains.

Sewer overflows are the biggest water quality problem in the New York metropolitan region, preventing many waterways from meeting federal standards for fishing, swimming and healthy habitats for wildlife. The city’s plan, announced in the fall of 2010, envisions using vegetation, soils and environmental infrastructure like porous pavement to help retain storm water before it reaches the sewer system and overloads it.

Working-Class Heroes: Real-Life Lessons from HFDC Co-op Boards

goldsteinhall — Mon, 12 Mar 2012 18:02:07 +0000

When Linda Rosario (at left) and her 6-year-old son moved into a ground-floor apartment at 295 Stanhope Street, Brooklyn, in the mid-1980s, the four-story, tan brick building already had a Housing Preservation and Development (HPD) 7A administrator — a sure sign of a building in trouble. New York City generally appoints a 7A administrator after a building owner has failed to correct conditions dangerous to life, health or safety or in response to a petition from at least a third of the tenants.

Lowest-Income Renters Left Behind in Housing Crisis

goldsteinhall — Thu, 16 Feb 2012 21:10:09 +0000

The foreclosure crisis has been a four-year nightmare for many homeowners, more than 3 million of whom have lost their homes. Many of these ex-homeowners are middle class people with jobs and safety nets, and have become renters or traded down for more inexpensive homes after losing their primary residences.

But for the very poor, options are limited, and the situation is dire, according to a report out Wednesday from the National Low Income Housing Coalition.

Administration Revamps HAMP to Reach More Borrowers

goldsteinhall — Tue, 07 Feb 2012 21:04:03 +0000

On Friday January 27th 2012, the U.S. Department of the Treasury and the U.S. Housing and Urban Development Department announced key adjustments to the Home Affordable Modification Program (HAMP) in an effort to enhance relief to a larger share of homeowners and renters in need of assistance. The HAMP program encourages investors to agree to restructurings for homeowners who are struggling to make their payments by tripling incentives paid to banks that reduce principals on loans.

HAMP was designed to bring the debt ratio of mortgage borrowers down to 31% of their incomes. The new guidelines will allow for a more flexible approach for borrowers who previously were ineligible for a modification. In addition, under the new HAMP, the Treasury will pay the same incentives to Fannie Mae or Freddie Mac if they allow services to forgive principle amounts.

The administration hopes to improve its main foreclosure prevention program to support the overall housing market recovery. The changes in HAMP will take effect at the end of April.

By: Krista Zembsch, Law Clerk

[Source: DSNews]

$33.6 Million Awarded by the Federal Home Loan Bank of New York for Exactly 57 Affordable Housing Initiatives

goldsteinhall — Mon, 06 Feb 2012 14:53:38 +0000

The Federal Home Loan Bank of New York announced that it has awarded $33.6 million in subsidies to fund 57 affordable housing initiatives throughout New Jersey, New York, Maryland and Pennsylvania. These awards will result in the creation or rehabilitation of 2,837 affordable housing units, including more than 2,200 units dedicated to very low-income housing and nearly 2,700 units of affordable rental housing. Furthermore, the awards will improve community development by providing more than an estimated $486 million in development costs to be generated from these initiatives. Congress mandates that the Bank forego 10 percent of its earnings each year to support neighborhood housing and economic development initiatives. The Bank’s Affordable Housing Project financing is combined with other funding sources to create housing for moderate-, low- and very low-income families. Program awardees receive this funding through a competitive application process. The New Jersey communities that will benefit from the funds include: Allendale, Atlantic City, Bayonne, Brick, Camden, Jersey City, Millstone Township, Newark, Orange, Somerset, Trenton, Vineland, Weehawken and Woolwich. The New York communities include: Albany, Brooklyn, Buffalo, Canandaigua, Clarkson, East Patchogue, Henrietta, Kirkville, Ithaca, Mt. Vernon, New York, New Rochelle, Niagara Falls, North Tonawanda, Norwich, Ossining, Rochester, Rome, Seneca Falls, Syracuse and Webster. Baltimore, Maryland and Philadelphia Pennsylvania will benefit from these funds as well.

By: Chase Sandler, Law Clerk

[Source: Loan Safe]

New “Mega” Affordable Housing Development in Midtown West

goldsteinhall — Thu, 19 Jan 2012 16:42:39 +0000

The New York City block used as a parking lot and a place to board police horses for the past three decades is now the construction site for Gotham West, the largest-ever affordable housing project taken on by a private developer. A “U”-shaped brick building will take up almost the entire block from 44th to 45th streets and from 10th to11th avenues. Its construction began this past summer and Gotham West is expected to be complete by the summer of 2013.

The building reserves 682 of its units for affordable housing which makes up more than 50% of the total number of units. The anticipated design for the units includes stainless steel appliances, granite countertops and parquet floors. There will be three tiers of eligibility for the affordable housing units: only those families who make up to 50%, 135% and 165% of the area median income will qualify.

The city condemned and cleared the site in the 1970’s but no new building was ever built. Thanks to the development deal for the Hudson Yards project a few blocks south, the area was re-zoned for offices and homes which led to the approval of Gotham West.

Gotham Organization, the developer of Gotham West, funded the $520 million project with tax-exempt bonds and $200 million of its own money.

Gotham West will also include market rate units, 15,000 square feet of retail space and 25 condominiums.

By Dalila C. Castillo, Law Clerk

[Source: NY Times

Harlem Dowling Annual Board Meeting Highlights Agency’s Accomplishments

goldsteinhall — Tue, 17 Jan 2012 22:31:53 +0000

Manhattan Beep opposes mayor’s plan to sell three commercial buildings

goldsteinhall — Tue, 17 Jan 2012 22:14:03 +0000

Mayor Michael Bloomberg’s plan to sell three Lower Manhattan commercial buildings has been strongly opposed by Manhattan Borough President Scott Stringer. Stringer has stated that it is critical for New York City to explore every opportunity available to create new affordable housing for the middle class. Mr. Stringer estimates that as many as 653 units of housing could be provided by the city buildings Bloomberg wants to put on the block. Mayor Bloomberg is motivated to sell the three city buildings to private developers in order to solve budget shortfalls. The Mayor, in his State of the City address, stated that $100 million in private sector tax revenue and cost savings over the next 20 years could be generated by converting public buildings to private buildings while bringing new jobs and housing for the downtown community.

Stringer has declared, however, that there must be a clear definition of public benefit from the Bloomberg Administration in order for the sale to go through. As head of the borough board, a body whose approval is required for sale of assets through the Economic Development Corporation, Stringer said he can and will avoid a vote on the sale of the buildings in order to retain the buildings for the City to develop affordable housing and public schools.

State Senator Daniel Squadron and Assemblywoman Deborah Glick also support Stringer’s stance on the issue. Locations for schools and affordable housing in Lower Manhattan have dwindled as the area has experienced substantial growth. Stringer hopes to provide additional growth for this thriving neighborhood by creating additional housing for the middle class.

By Chase Sandler, Law Clerk

[Source: The Real Deal]