St. Paul’s two extreme winters prompt new look at snow emergencies

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St. Paul’s municipal asphalt plant roared to life for the spring season in the first week of March, a full month earlier than is typical, without the traditional lineup of trucks rolling in from throughout the metro. The plant, which services municipalities throughout the state with hot mix, was able to get an early start because of the warm, near-snowless winter.

Potholes, however, haven’t followed, at least not to the same degree as usual, also likely due to the warm, near-snowless winter. A dry spring thaw looks to be relatively uneventful.

Having fewer potholes to fill could save the city some cash in the weeks ahead. Fewer customers at the asphalt plant could cost the city some money. Sorting out the budget impacts will literally take all year, given that expenses related to potential snowfalls next November and December also will weigh on the current budget.

The city budget, unlike the state, follows the calendar year, and any savings on salting and plowing have flowed into other street operations, including an early start on alley repairs, as well as skyrocketing costs associated with copper wire theft.

“With how the budget works, we aren’t necessarily saving money,” said Lisa Hiebert, a spokesperson for St. Paul Public Works, shortly before one of the first and last snowstorms of the season hit in late March. “We have been able to do a lot of proactive pothole patching this winter to continue to address the damages from last year’s winter. We have actually done a lot of vegetation management in the right-of-way and street sweeping already, which is a bit unusual for this early in the season, but helps us get ready for the spring.”

Rethinking seasonal approaches

St. Paul Mayor Melvin Carter, Public Works Director Sean Kershaw and other officials have said the growing vagaries of weather call for rethinking long-standing seasonal approaches toward maintaining the public right-of-way, which spans some 300 center lane miles of major arterial streets and 500 center lane miles of residential streets.

A relatively snowless winter, which officially ended last month, followed the record-setting winter of 2022-23, when some 93 inches of snowfall led to what Kershaw described as “the worst potholes in a generation.” In contrast, about 30 inches of snow fell at Minneapolis-St. Paul International Airport this winter, roughly 55% of the historical average for the season, according to the AccuWeather Network, and little of it stuck around from day to day.

“This year, we didn’t have to spend as much money on salt, on overtime,” Kershaw said. For the private sector, cost burdens accumulated elsewhere.

Mike McComas, assistant plant manager, keeps an eye on the controls at St. Paul’s municipal asphalt plant on Burgess Street on Thursday, April 18, 2024. (John Autey / Pioneer Press)

Minnesota experienced its warmest December, January and February temperatures on record, canceling major outdoor events due to a lack of lake ice and conditions too warm for ice castles, outdoor ice-skating rinks, ice fishing and ice hockey. Ice coverage across the Great Lakes reached all-time record lows or near-record lows, according to the AccuWeather Network, contributing to an estimated $8 billion loss for private businesses across the Upper Midwest and northern plains.

St. Paul Public Works budgets for four snow emergencies per calendar year, at around $600,000 to $800,000 per snow emergency. The winter of 2023-24 ended without a single St. Paul snow emergency, given that not a single day passed with as much as an inch of snowfall between Halloween and early February, according to AccuWeather.

Last year, there were seven city snow emergencies called, on top of a one-sided parking ban for part of March.

“We tend to budget on an average snowfall,” Kershaw said. “The average is changing. … The need to rethink this is obvious. Snow is changing. Why wouldn’t our approach change?”

A new approach to snow removal?

The mayor said that for too long, the city has dubbed major snowfalls “snow emergencies” — a title that might imply an “all hands on deck” crisis — while keeping the response largely limited to a handful of city departments, mainly for salting, plowing and ticketing.

“Our history forever has been saying the words ‘snow emergency’ but mostly thinking of it as a Public Works emergency,” said Carter, in a recent interview. “That’s how you know it’s really not an ’emergency.’”

Still, heavy snowfalls can freeze basic city operations, from libraries and recreation centers to fire, police and ambulance emergency response, while keeping everyday residents from work and school. The mayor said the city — which coordinated two back-to-back snow emergencies in February 2023 — is overdue to rethink how snow response is managed.

An approach that will be tested in a handful of residential areas next winter will focus on shifting parking from one side of residential streets to the other, weekly, throughout the season, regardless of precipitation totals. Sunday would likely be the day to move your car.

“That would give us two-thirds of the street clear for plowing,” Kershaw said.

The thinking is a one-sided parking cycle, alternating each week between the east and west or north and south sides of a street, would even out staffing and make budgeting more predictable, especially when it comes to salt and overtime expenses. It would free up more room for emergency vehicles and allow overnight focus on clearing residential streets, which in a traditional snow emergency are tended to after larger avenues and major arterial and collector roads.

The current model of a 96-hour snow emergency — which largely centers on plowing arterials on Day 1 and residentials on Day 2 — was adopted in the 1990s, but there’s nothing set in stone dictating it has to be that way, especially when 8 inches of snow can block a fire truck, Carter said.

The mayor acknowledged that his office took some flak for declining to call a snow emergency when 7 inches of snow fell in mid-February. Carter said he had assumed at the time he’d be calling one, but Kershaw, on the advice of his frontline team, urged otherwise based on temperature forecasts, sunny skies and snow density.

“Every kid knows sometimes I can make a snowball, and sometimes I can’t,” Carter said. “Sometimes I can make a snowman, and sometimes I can’t. … Every snowfall is different. I thought we were going to have a snow emergency. Public Works said there might be a better way to do this. As a result, we ended up clearing residential streets 18 hours faster than if we had declared a snow emergency.”

Questions ahead

Carter acknowledged that there are still a lot of variables to consider in the alternate-side parking approach, which is why a pilot program in a handful of areas is in order.

Densely packed neighborhoods and lower-income areas tend to have less access to off-street parking, and some streets lack alternate-side parking altogether. Alternate-side parking would not work at all for many arterial or collector streets, and the city will have to figure out how the new parking configurations impact garbage and recycling pick-up.

“Every residential street will be evaluated for what we can accomplish,” said St. Paul Public Works Operations Manager Bev Farraher. “We’ll have a menu, if you will.”

Electric vehicle charging stations and St. Paul Public Schools pick-up and drop-off areas may need special attention. Then there’s the question of what to do if a Sunday snowstorm hits.

“There’s probably 40,000 street signs that would have to be changed out for this,” said Kershaw, noting too much of the current snow plowing system still plays out on paper clipboards instead of modern routing software. “We’ll need to do a parking utilization study.”

Still, Duluth, which institutes a somewhat similar alternate-side parking system, issued 150 snow emergency-related parking tickets last winter. St. Paul, in contrast, issued more than 20,000 tickets, a cost often borne by residents with the least means to pay, the mayor said.

‘Snow ambassadors’

Looking at the experiences of Duluth and other cities will be key.

“The approach we have right now doesn’t work for everybody,” Carter said. “We have conversations at 1 o’clock and 2 o’clock in the afternoon and we make decisions (on calling a snow emergency) on spec sometimes.”

To evaluate answers to all those questions and more, the city plans to convene both a technical advisory committee and a separate community working group of 12 to 15 members, who would serve as “snow ambassadors” of sorts to their communities. An interest form for the latter is already posted online on StPaul.gov/snow under “Reimagining Snow Operations.”

Farraher said initial test areas, likely in place by next winter, would span three-by-three or four-by-four blocks. A nearly snowless winter like this past one probably wouldn’t require traditional ticketing and towing, but it could lend itself to educational tickets to prep people for compliance in a heavier snow season.

More changes could follow. The mayor, Deputy Mayor Jaime Tincher and others at City Hall were recently trained in how to perform snow removal using plows attached to pickup trucks, while Kershaw received his commercial driver’s license, allowing him to operate heavy plows. Carter said he’s eager to see more St. Paul residents trained and hired for pickup plow snow removal while they work toward their CDL.

“Snow is a big deal. Snow is a really big deal. One of the core values I’ve lifted up for my administration is innovation,” Carter said. “I’m excited about the work our team is doing.”

More details will be posted at StPaul.gov/snow.

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Other voices: Hold the rioters accountable, but not with that law

posted in: Politics | 0

The people who breached the U.S. Capitol on Jan. 6, 2021, are being held accountable, and attempts to rebrand them as patriotic choirboys are a sign of the bizarre political times. Yet is it unduly stretching the law to prosecute Jan. 6 rioters using the Sarbanes-Oxley Act of 2002?

The Supreme Court considered this on Tuesday in Fischer v. U.S. Rooting for the government to lose requires no sympathy for the MAGA mob. Joseph Fischer says in his brief that he arrived late to the Capitol, spent four minutes inside, then “exited,” after “the weight of the crowd” pushed him toward a police line, where he was pepper sprayed. The feds tell an uglier tale.

Mr. Fischer was a local cop in Pennsylvania. “Take democratic congress to the gallows,” he wrote in a text message. “Can’t vote if they can’t breathe..lol.” The government says he “crashed into the police line” after charging it. Mr. Fischer was indicted for several crimes, including assaulting a federal officer. If true, perhaps he could benefit from quiet time in a prison library reading the 2020 court rulings dismantling the stolen-election fantasy.

Sarbanes-Oxley, though? Congress enacted Sarbox, as it’s often called, in the wake of Enron and other corporate scandals. One section makes it a crime to shred or hide documents “corruptly” with an intent to impair their use in a federal court case or a Congressional investigation. That provision is followed by catchall language punishing anybody who “otherwise obstructs, influences, or impedes” such a proceeding. So jurists with Ivy degrees argue about the meaning of the word “otherwise.”

In Mr. Fischer’s view, the point of this law is to prohibit “evidence spoliation,” so the “otherwise” prong merely covers unmentioned examples. The government’s position is that the catchall can catch almost anything, “to ensure complete coverage of all forms of corrupt obstruction.” The feds won 2-1 at the D.C. Circuit Court of Appeals.

Yet two Court of Appeals judges were worried how far this reading would permit prosecutors to go. Judge Justin Walker, who joined the majority, said his vote depended on a tight rule for proving defendants acted “corruptly.”

Judge Gregory Katsas filed the vigorous dissent. The government “dubiously reads otherwise to mean ‘in a manner different from,’ rather than ‘in a manner similar to,’” he argued. The obstruction statute “has been on the books for two decades and charged in thousands of cases — yet until the prosecutions arising from the January 6 riot, it was uniformly treated as an evidence-impairment crime.”

A win for the feds, Judge Katsas warned, could “supercharge comparatively minor advocacy, lobbying, and protest offenses into 20-year felonies.” For example: “A protestor who demonstrates outside a courthouse, hoping to affect jury deliberations, has influenced an official proceeding (or attempted to do so, which carries the same penalty).” Or how about a Congressman (Rep. Jamaal Bowman) who pulls a fire alarm that impedes a House vote?

Special counsel Jack Smith has charged Donald Trump with obstructing a Congressional proceeding, and he says Mr. Trump’s “fraudulent electoral certifications” in 2020 are covered by Sarbox, regardless of what the Supreme Court does in Fischer. The other piece of context is that prosecutors going after Jan. 6 rioters have charged obstruction in hundreds of cases. But if those counts are in jeopardy, don’t blame the Supreme Court.

Presumably many of those defendants could be on the hook for disorderly conduct or other crimes, and the feds can throw the book at them. What prosecutors can’t do is rewrite the law to create crimes Congress didn’t.

— The Wall Street Journal

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Charley Walters: Look for Vikings to trade up to draft J.J. McCarthy

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The way it looks now, as it has for months, the Minnesota Vikings will take quarterback J.J. McCarthy from national champion Michigan in Thursday’s NFL draft.

Michigan quarterback J.J. McCarthy throws against East Carolina in the second half of an NCAA college football game in Ann Arbor, Mich., Saturday, Sept. 2, 2023. (AP Photo/Paul Sancya)

To get McCarthy, the Vikings will trade their Nos. 11 and 23 first-round picks to either the Arizona Cardinals, who have the No. 4 pick, or the Los Angeles Chargers, who have No. 5.

QBs Caleb Williams from Southern California, Jayden Daniels from LSU and Drake Maye from North Carolina are expected to go Nos. 1, 2 and 3, in order, to the Chicago Bears, Washington Commanders and New England Patriots.

— The Cardinals or Chargers could also require the Vikings’ 2025 first-round pick in a move up for McCarthy. The Vikings would be reluctant because the 2025 pick is expected to be high in that the team seems destined for a last-place NFC North Division finish this year. The Vikings, if necessary, instead could try to include their 2026 first-rounder to get McCarthy.

— The Vikings currently do not have a second- or third-round pick in next week’s draft.

— It’s becoming clear that general manager Kwesi Adofo-Mensah, in his third year with the Vikings, doesn’t have the power within the organization that his predecessor, Rick Spielman, had. Passing on a top quarterback on Thursday could end up costing his job.

— Vikings fans at the team’s draft party at U.S. Bank Stadium will boo loudly if a quarterback isn’t chosen in the first round. The Vikings’ fallback QB pick is Bo Nix from Oregon.

— The Vikings remain in the NFL queue to host a draft at U.S. Bank Stadium and adjoining Commons, but that’s still multiple years away. The same for hosting the league’s scouting combine, which has always been held in Indianapolis. Los Angeles, though, remains ahead of Minneapolis when the NFL decides to leave Indianapolis.

— On the increased value of football wide receivers, ex-Viking Cris Carter recently told Front Office Sports that when he used to coach football camps, about 50 out of 100 kids wanted to be quarterbacks. Now, 50 out of 100 want to be wide receivers.

— The Twins’ front office feels third baseman Royce Lewis, although injured again, can not only be the face of the franchise, but of Major League Baseball.

— If he didn’t already know how cold a business major league baseball can be, former Gopher Max Meyer from Woodbury last week found out when the Miami Marlins, for which Meyer had pitched two of their three victories, dispatched him to Triple-A Jacksonville in order to slow his free agency by a year.

The demotion was blatantly unfair for the 25-year-old right-hander, for whom the faltering Twins should be in hot pursuit of a trade.

— Simley grad Michael Busch, 26, who last week for the Chicago Cubs homered  in five straight games and has six for the season, has become the National League’s early frontrunner for rookie of the year. Busch, who also has three doubles, leads the team’s regulars in hitting (.317) and is tied with Cody Bellinger for first in runs batted in (13).

— Former Stillwater star Drew Gilbert, who is among the New York Mets’ top prospects, and his Triple-A Syracuse team play a six-game series against the Saints in St. Paul June 4-9. Gilbert, 23, playing center field, is hitting .240 with one home run in 25 at-bats.

— Ex-Twin Miguel Sano, 30, playing for $1 million this season for the Los Angeles Angels, is batting .256, which would rank fourth on the Twins.

— Bloomington Jefferson grad Jake Irwin of the Washington Nationals pitched six scoreless innings in a 2-0 victory over the Los Angeles Dodgers last week.

— Ex-Twins center-fielder Michael Taylor is hitting .300 in 15 games for the Pittsburgh Pirates.

— Tommy John III, the winner of the 1996 Minnesota Gatorade high school player of the year at Orono as a third baseman-pitcher, the last 23 years has been involved in training and rehabilitation of injuries and human performance in San Diego, Calif. John was living in Orono because his father was then a Twins TV analyst.

John III played for Furman University, then pitched professionally for 2 1/2 seasons in independent minor league baseball.

John III is 46. His father, 80, who resides in Sarasota, Fla., besides having won 288 games during 26 major league seasons, is famous for the revolutionary ligament replacement surgery in his left pitching arm after which he won 164 games.

Inexplicably, he is not in the Baseball Hall of Fame.

“When (former Twin) Jim Kaat got inducted (in 2022), one of his first calls he made was to my dad and he said that this is just ridiculous and if I have any say it, I will do everything in my power to get you in,” John III said.

By the way, John III said, his father owns the record, by far, for most no-decisions in major league baseball.

— Pat Fraher, 50, who was valedictorian of his Hastings High School class and has a mechanical engineering degree from the University of Minnesota, has been awarded his 16th NBA playoff series as a referee.

— Former Apple Valley point guard Tyus Jones, already rich at age 27, this season had 485 assists against just 66 turnovers for the Washington Wizards, the Stein Line points out. That 7.3 assists per turnover is the highest since the NBA began tracking individual turnovers in 1977-78. Jones, now a free agent, was paid $14.5 million this season. That will increase with his next deal.

— That was Totino-Grace grad Joe Alt, expected to be a top-10 pick in Thursday’s NFL draft, flying over Detroit, the site of the draft, in a Black Hawk helicopter last week in a promotion for the U.S. military.

Alt, who is a country music fan, asked on the “Green Light with Chris Long” show what purchase he might make after the draft: “There’s this used Ford Shelby truck about 10 minutes from my house, and that’s what I’ve been looking at. It’s got 7,000 miles on it.”

— Country music star Dierks Bentley was spotted in the stands in Eden Prairie the other day watching son Knox, considered an elite youth hockey player in the Nashville area, compete in a national tournament, according to KRFO-AM.

— Last weekend’s Masters tournament at Augusta National was the 18th that Mark Dusbabek, the former Gophers and Vikings linebacker from Faribault, has worked as a PGA Tour rules judge. His current tour role is senior director of TV rules.

Dusbabek, 59, who is working this weekend’s RBC Heritage tournament at Hilton Head, S.C., basically works all the Tour’s TV network events as a rules analyst. He’ll be at the TPC in Blaine for the 3M Open TV weekend coverage in July.

Eighteen Masters?

“After so many of them, I feel more comfortable,” Dusbabek said. “I’ve gotten to know a lot of the Masters rules committee people. I know my way around the golf course very well, the little shortcuts here and there. It’s changed a lot in my 18 years, expanded and grown, and it’s  even better than it was. It’s a special week.”

Dusbabek, who resides in San Diego, has no plans to retire. As a golfer, he got his handicap down to a 2, but that was years ago.

“Don’t play anymore — don’t have the time,” he said.

— Ben Johnson, Mark Coyle and Jeremiah Carter from the Gophers will discuss name, image and likeness (NIL) at a Capital Club breakfast at Mendakota Country Club on Wednesday, the same day retired major league baseball umpire crew chief Tim Tschida from St. Paul speaks at a Twin Cities Dunkers breakfast at Interlachen Country Club.

— Ex-North Star Mike Modano will be honored by the Twin Cities Dunkers at a dinner May 2 at St. Paul RiverCentre.

— New GM at the Wilderness golf resort at Fortune Bay is Bill Manahan, who managed Cloquet Country Club.

Don’t print that

— A mediation attempt to solve the Timberwolves-Lynx $1.5 billion sale dispute between Glen Taylor and the Alex Rodriguez-Marc Lore duo isn’t expected to produce a settlement.

IMAGE DISTRIBUTED FOR T-MOBILE – Alex Rodriguez and Jaclyn Cordeiro walking the Magenta Carpet as they arrive at T-Mobile’s Derby After Dark Party during MLB All-Star Week on Monday, July 10, 2023 in Seattle. (Ron Wurzer/AP Images for T-Mobile)

The way it looks now, before a binding arbitration by a panel of three judges, Taylor will buy out Rodriguez-Lore in a settlement for a price higher — between 10 percent and 20 percent — than their 36 percent investment of $600 million. Rodriguez-Lore’ partners are 4 percent investors.

Meanwhile, after the playoffs, it’ll be interesting whether Timberwolves basketball president Tim Connelly, despite an $8 million per season salary, executes a contract buyout clause.

— People who know say Cam Christie’s decision to opt for June’s NBA draft was made weeks ago when it was projected that the worst outcome for the 6-foot-6 Gophers freshman guard is a two-way contract probably worth $1 million over two years, even if he’s not a first-round pick.

If Christie, 19, who has considerable pro upside, is a first-round draft pick, he would receive at least a $4 million, two-year guaranteed contract. Amir Coffey, 26, the 6-7 former Gopher, left the university after three seasons but went underrated. He ended up with three two-way NBA contracts before signing his current $11 million, three-year deal with the Los Angeles Clippers.

— Considering the new name, image and likeness landscape, if Power Five conference men’s basketball programs want to be successful, they’ll need a major agency to bankroll incoming AAU and foreign players. Without, programs are not sustainable. Otherwise, when a player has a good season, he’s gone to the highest bidder. That’s what happened to the Gophers with Jamison Battle, who bolted for Ohio State for $150,000 for his final season. And now, the prices are even higher.

— Word at Arkansas is that new men’s basketball coach John Calipari’s 12-player NIL budget will exceed $5 million annually. That’s five times more than that of the Gophers.

— Whitey Herzog, the St. Louis Cardinals manager who died at age 92 last week, to the Pioneer Press seven years ago recalling his team’s 1987 seven-game World Series loss to the Twins, who played in the Metrodome: “I remember they had the greatest home field advantage of any team I’ve ever seen in the major leagues. (The Metrodome) was the hardest place in the world to play for a National League team. We went in there on Friday (Oct. 16) and couldn’t work out because (the Gophers football team had a game (against Indiana). And you couldn’t see in the roof. Then the (groundskeeper) guy, when he retired admitted he only put the blowers on when the Twins hit.

“It wasn’t like I’m saying we could have beat them, but I could tell you right now we could have played in the ‘Homedome’ till goldamn Easter and wouldn’t have won a game. I wish we would have gotten to work out. But I don’t know — I mean, working out with the fans not there, without the handkerchiefs and the noise, you couldn’t hear and you couldn’t see. It’s bad enough you can’t see, but when you can’t hear, it’s a little tough, you know. How we got to seven games is beyond me.”

— Ex-Twin Torii Hunter has joined the Angels as a special assistant to the GM and made the honorary first pitch at a recent Angels game.

This is a 2018 photo of Torii Hunter of the Minnesota Twins baseball team. This image reflects the 2018 active roster as of Wednesday, Feb. 21, when this image was taken. (AP Photo/John Minchillo)

Meanwhile, hall of fame former Twin-Angel Rod Carew, who lives in Orange County, Calif., has become estranged from the Angels’ front office over its denial to allow him to be a guest instructor to occasionally work with some of the team’s hitters, which, by the way, the Twins allow with their hitters, the L.A. Times reports. The Angels consider Carew’s request a conflict of interest, which has, among other issues, upset Carew.

— The department in charge of authenticating Twins game-used items for sale was charging $3,000 for a baseball the Dodgers’ high-profile Shohei Ohtani hit for a double in the third inning on April 9 at Target Field. The ball Ohtani hit for a fly out in the fifth inning of the same game was for sale for $550.

— Ex-Carolina QB Cam Newton, 34, on the Atlanta Falcons giving ex-Vikings QB Kirk Cousins, 35, a $180 million, four-year contract, on Shannon Sharpe’s podcast: “They could have got Cam Newton, Justin Fields and Michael Vick for that price…And if you give Cousins my resume, he probably would’ve got more money.”

— Lefty pitcher Tyler Jay, the Twins’ first-round draft pick in 2015 (No. 6 overall), last week got his first career promotion to the majors with the New York Mets.

— It  now appears Vikings wide receiver Justin Jefferson won’t be getting his mega-contract extension — probably $100 million guaranteed — until just before training camp opens in late July.

— In a sticky issue, but it looks like former Minnesota boys high school golf champion Sammy Udovich, a junior at Cretin-Derham Hall who has committed to Texas Christian, could be ineligible for the state tournament for playing 18 extra holes in an outside tournament.

— Bob Stein, 76, the former Gophers football All-American, recalls playing against USC’s O.J. Simpson, who died at 76 the other day.

“It was our opening game in 1968 at Memorial Stadium,” Stein said. “We ended up losing by nine points, but we were ahead going into the fourth quarter. Then O.J. turned it on. He was the best running back I ever played against in college and the NFL.”

— Next month, Stein, the former St. Louis Park star, will play in the College Football Hall of Fame golf tournament in Atlanta.

Overheard

— Former Twins pinch-hitting whiz Steve Braun, who became hitting coach for Whitey Herzog with St. Louis, on the Cardinals’ genius GM-manager: “Whitey proposed an 11-player trade (in December 1980) with (Brewers GM) Harry Dalton. He said, ‘Harry, you want to be in the World Series with us next year?’ They made the trade and both played in the (1982) World Series … When Whitey made a trade, it was to benefit both teams, because he wanted to go back at some point and maybe make another deal with them.”

Former St. Louis Cardinals manager Whitey Herzog talks with the media at the news conference to announce his selection to the Baseball Hall of Fame by the veterans committee, Monday, Dec. 7, 2009, in St. Louis.(AP Photo/Tom Gannam)

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NY’s Housing Deal Is Here. What Does It Mean for Tenant Stability?

posted in: Adventure | 0

From “good cause” carve outs to adjusted IAI caps, City Limits breaks down how major planks of the state budget deal will impact tenants’ eviction protections—and rents.

Adi Talwar

A rent stabilized building in the Northwest Bronx

After nearly three weeks of anxious speculation, New Yorkers can finally review the details of a major state housing deal that temporarily extends new eviction defenses to certain renters, depending on factors like their apartment’s location, age, ownership and cost.

The deal—awaiting a vote Saturday but expected to pass—also includes a development incentive for New York City, offering multi-decade tax breaks for apartment buildings with a share of low-rent apartments. And under a new tiered system, rent stabilized landlords will be allowed larger rent increases following apartment renovations.

Since announcing the parameters of the deal on Monday, Gov. Kathy Hochul has emphasized the parts aimed at boosting construction. “The more supply you have, the better it is for tenants,” she told Brian Lehrer on WNYC—supply and demand. 

The governor also alluded to controversy over the scope of new rules to help tenants in market rate apartments stay housed and fight large rent increases. “This is so much more than they had, and I would take that as a win,” Hochul said.

But the message was cold comfort to many tenant organizations across the state. Since 2019, they’ve fought for a “good cause” eviction bill sponsored by Brooklyn Senator Julia Salazar and Syracuse Assemblymember Pam Hunter—up against a multi-million dollar real estate industry lobbying effort, according to their own analysis.

Salazar and Hunter’s bill would have given most tenants a defense against eviction, so long as they adhered to their leases and kept up with rent, plus a path to challenge rent hikes above a certain level. The version in Friday’s deal excludes several types of households, and is time-limited—it will expire on June 15, 2034.

“The point is that it’s supposed to be understood as a right. That is what empowers tenants to understand the law,” said Cea Weaver, organizing director for the statewide coalition Housing Justice for All. “Right now, the message that the governor is giving is that some limited set of people might have new rights.”

‘Good cause’ carve outs

The new state budget empowers tenants in certain market rate apartments to fight eviction and rent hikes over 5 percent plus inflation or 10 percent, whichever is lower. Protections will kick in immediately, though landlords will have a four month buffer before they need to start complying with notice requirements.

Some early reactions have been positive. Manny Patreich, president of the building service worker union 32BJ SEIU, touted these “strong… tenant protections” paired with construction incentives and welcome wage standards for his members.

But this version of good cause—in place for the next decade—has numerous carve outs and sets different rules for New York City, where it will apply by default, and the rest of the state, where localities will have the choice to adopt it.

Anywhere the law is in place, there will be a carve out for new construction: buildings certified for occupancy after January 2009 will be exempt for 30 years. This will reassure developers seeking a return on their investment, said Sherwin Belkin, founding partner at the law firm Belkin Burden Goldman.

A longtime critic of the 2019 good cause bill, he called this version a “substantial improvement,” but predicted it could change down the road to be more favorable to tenants. “It’s harder to fight tweaks than it is to fight new statutes,” he said.

Other across-the-board exclusions include owner-occupied buildings with up to 10 units, co-ops and condos, mobile homes, hotels, dorms, seasonal rentals, certain types of assisted living and apartments deemed affordable under a government regulatory agreement.

The law also adds new grounds to evict: when an owner wants to remove an apartment from the rental market, and when they plan to demolish the building. Judges can also approve rent increases above the good cause parameters, based on factors like a landlord’s fuel, insurance and maintenance costs and any “significant repairs,” like replacing electrical systems or removing asbestos.

“I’m just afraid that we’re just creating more and more ways that make it difficult for tenants to benefit from the law, and easier and easier for landlords to get around it,” said Weaver of Housing Justice for All. 

Chris Janaro

State Sen. Julia Salazar at a rally outside 63 Tiffany Place in Brooklyn, calling for passage of good cause eviction legislation on Feb. 22, 2024.

In the five boroughs, owners will benefit from a “small landlord” exemption if they own 10 or fewer residential units “directly or indirectly, in whole or in part.” Buildings owned by a business entity will have to reveal the names of all owners in order to qualify for the exemption. 

Apartments renting above 245 percent of their county’s Fair Market Rent (FMR), a federal estimate, will be also excluded. The state will be required to publish a county-by-county high-rent guide each year. Outside the city, localities will be able to choose their own portfolio and high rent exemptions. 

Based on 2024’s FMRs, New York City tenants will be excluded from good cause protections if their rent is over $5,846 for a studio, $6,005 for a one-bedroom, $6,742 for a two-bedroom, or $8,413 for anything larger. “People in a luxury situation don’t need the protections,” Hochul told reporters Monday. 

Coverage and enforcement 

It remains to be seen how many tenants will be covered by this new regime. A spokesperson for the Senate Democrats told City Limits Thursday that they expect 75 percent of tenants in New York City will have protections, either existing rent stabilization or good cause. 

The latest Housing Vacancy Survey found that 41 percent of city rentals are stabilized, a separate system that already limits rent hikes and ensures lease renewals for some. 

Then there’s the question of enforcement. City Limits previously reported that it’s difficult to parse building ownership and portfolio size, particularly since landlords can own buildings through Limited Liability Companies, or LLCs. A 2023 law will eventually require landlords to register with a state database, but it won’t be available to the public. 

Under the budget deal, landlords who want to increase rent substantially, or don’t want to renew a lease, will need to send a notice to the tenant saying whether they are covered by good cause and, if not, why. A notice is also required with any initial or renewal lease stating whether the tenant is covered by good cause. 

Landlords who sue for eviction and believe they qualify for the “small landlord” exemption will have to present the names of all property owners and how many units they own in whole or part, plus those apartments’ addresses. 

“Unfortunately, we would hope that it would not have to result in a court case, but the reality is, once you show up there then everybody’s cards have to be on the table,” Senate Majority Leader Andrea Stewart Cousins told reporters Thursday.

IAI Increase 

The budget deal also lifts the Individual Apartment Improvement (IAI) cap, which limits how much landlords can increase rents to compensate for renovations. The change, effective in six months, will impact stabilized apartments in buildings that predate 1974 with six or more units, as well as some newer buildings built with a tax subsidy. 

In 2019, New York passed the Housing Stability and Tenant Protection Act (HSTPA), which eliminated most avenues for owners of stabilized buildings to increase rents between tenancies. That bill set the IAI cap at $15,000 over 15 years. Rents could only increase between $83 or $89, depending on the building size. 

The HSTPA also required that IAI rent increases be removed after 30 years. But this week’s deal reverses that change, making them permanent. 

According to the agreement, the IAI cap is now lifted to $30,000, allowing for a rent increase up to roughly $178. Landlords can spend more, up to $50,000, in empty apartments that had been occupied for at least 25 years, or were vacant from 2022 through 2024. 

For units with the higher cap, allowable rent increases are $320 or $347, depending on the building size. But this more extensive work will be subject to audit and random inspections, and landlords will be barred from collecting rent increases if they’ve harassed or overcharged tenants in the last five years. 

NYS Senate Media Services, Office of Governor Kathy Hochul

Albany’s legislative leaders who play a key role in budget negotiations: Assembly Speaker Carl Heastie, Gov. Kathy Hochul and State Senate Majority Leader Andrea Stewart-Cousins.

Landlords have been pushing various proposals this year to increase rents on regulated apartments, arguing that some empty units won’t be rentable without a boost to offset repair costs. During her Monday budget remarks Hochul said the housing deal will bring “warehoused rent stabilized units back into the marketplace.” 

But the IAI approach has drawn early criticism—and not only from renters. 

“That amount won’t be enough to actually improve the units of housing,” said Jay Martin, executive director of the Community Housing Improvement Program (CHIP), a trade organization for rent stabilized property owners. Instead, landlords will be confined to smaller projects like replacing appliances, he predicted. 

Oksana Mironova, a housing policy analyst with the Community Service Society of New York (a City Limits funder), said that IAIs are not intended to make apartments safe and habitable for tenants, but can increase a building’s value. 

“Your building could be up to code and you could still do major work and get an IAI,” she said. “An IAI is something that a landlord usually does to make an apartment worth more money.” 

The IAI changes, along with the final good cause protections, are concerning for Brahvan Ranga, political director at For the Many, an organization that helped Hudson Valley cities including Kingston and Newburgh adopt local good cause measures in recent years, only to see them struck down in court. 

For the Many has also spent the last few years helping Hudson Valley cities adopt rent stabilization, thanks to a 2019 reform that expanded eligibility around the state. Increasing IAIs will affect the “buy-in and energy” of tenants organizing for rent stabilization, Ranga said. 

Now, his group will likely be juggling campaigns to secure two types of tenant protections—good cause and rent stabilization—serving different populations. “It will take a lot of resources,” he said. “And not every area has those resources.”

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