Press Room

Just two days after the most recent death of an incarcerated person on Rikers Island, Public Advocate Jumaane D. Williams emphasized the need for rapid change at the complex. At a hearing of the Committee on Criminal Justice, he lamented the current conditions in the complex, and advocated for taking new and different approaches to protect New Yorkers on and off the island. Nineteen people have lost their lives in city custody this year, already three more than the previously unprecedented crisis in 2021 and more than any year since 2013, when the jail population was twice as large.

The Public Advocate described the deteriorating and dangerous conditions on Rikers Island, including, “crumbling infrastructure, a lack of staff, fights and assaults, slashings and stabbings, missed medical and court appointments, doors that do not lock, frequent overdoses, and nineteen deaths so far this year,” despite the fact that the jail has the highest corrections officer to incarcerated person ratio in the country and it costs over $556,539 to incarcerate a single individual for a year. New York City also forces excessively long wait times on those charged with crimes: New Yorkers wait three to four times longer for a fair trial than the average American.

He also spoke about the city’s seeming inability to improve conditions in a way that strengthens safety for people on both sides of the bars, arguing that “We have spent enough time waiting for the federal monitor to improve the conditions at Rikers Island. It is time to explore other measures, including whether a federal receivership of the jail is necessary to end the cycle of violence and death…The threat of receivership should push us to take this as a final, critical moment for change. It should not be viewed as keeping the status quo, as we know that that does not work, and it should not mean the city should stop collaborating to figure out what is needed to make our jails humane and respectful of the dignity of those incarcerated in them.”

Public Advocate Williams is the sponsor of Intro 549, the most comprehensive and concrete legislative effort to end the practice of solitary, which the United Nations defines as torture, on a citywide level. The bill has supermajority support in the City Council.

Read the Public Advocate’ full comments from today’s hearing below.

STATEMENT OF PUBLIC ADVOCATE JUMAANE D. WILLIAMS

TO THE NEW YORK CITY COUNCIL COMMITTEE ON

CRIMINAL JUSTICE

DECEMBER 13, 2022

Good afternoon,

My name is Jumaane D. Williams and I am the Public Advocate for the City of New York. Thanks again to the Chair and the members of the Committee for holding this important hearing and allowing me to speak.

In 2011, a group of people incarcerated at Rikers by the New York City Department of Correction (DOC) filed a lawsuit—Nunez, et al. v. City of New York, et al., or just “Nunez”—in the District Court for the Southern District of New York. They alleged that correction officers often took incarcerated people into areas of the jail that were out of view of video cameras and beat them, resulting in injuries including broken bones, concussions, and other emergency conditions requiring hospitalization and surgery. To cover up the misconduct, the officers falsified records or fabricated disciplinary charges.

Four years later, this lawsuit resulted in the court-appointed federal monitor for Rikers Island, with the goal of creating a safer environment for both the incarcerated people and the staff who are there. But that clearly did not fix the dangerous and deadly environment we know Rikers to be today: the jail is plagued by crumbling infrastructure, a lack of staff, fights and assaults, slashings and stabbings, missed medical and court appointments, doors that do not lock, frequent overdoses, and, as of yesterday, nineteen deaths so far this year, with another heartbreaking one, as I mentioned, just days ago. 

Sadly, the current state of Rikers is not surprising. We do know that correction officers work in dangerous jobs because of the environment that is there, and no one is safe on that island, and they suffer from injuries because of tha, and do need time to recover. We also know, and it is clear that there are officers who are misusing sick leave. Chronic staffing shortages caused by officers abusing unlimited sick leave creates a more dangerous environment where those incarcerated cannot access services and programming and officers must rely on last-resort measures such as emergency lock-ins and solitary confinement to manage the jail population. 

Further, in October, the Legal Aid Society alleged that DOC has been tampering with intake information that is used to monitor compliance with the Nunez ruling. We do not know if this was an isolated incident or an indication of chronic falsifying of records to skirt the requirements set by the federal monitor.

Since 2015, New York City taxpayers have spent more than $18 million on the federal monitor, Steve J. Martin and his team, who have failed to reform any significant part of life at Rikers. This price tag does not include the specially created unit within DOC that provides information to the monitor and ensures compliance with his mandates. Martin has in fact argued in his most recent report that the “problems [at Rikers] are so deeply entrenched and complicated that no single person, power, or authority will be able to fix them on the rapid schedule that the gravity of the problems demand.” 

This begs the question: where do we go from here? It is clear that Rikers and DOC needs a dramatic change in its culture. Correction officers who are abusing sick leave must come back to work, and we need a concrete plan from Commissioner Molina and DOC leadership to hold accountable officers that abuse sick leave, falsify records, and use excessive force. We must end harmful practices that make jails less safe, including and especially solitary confinement. And the city as a whole must commit to further decarceration, moving from historically punitive approaches to justice to restorative justice practices and alternatives to incarceration. We have to also get our court system to move more quickly to adjudicate cases.

We have spent enough time waiting for the federal monitor to improve the conditions at Rikers Island. We have to explore other measures, and while I haven’t decided on my opinion yet, I do think that we have to consider whether a federal receivership of the jail is necessary to end the cycle of violence and death. Last month, the court ruled that we should give Commissioner Molina more time to implement his plan for the jail. The court will review the progress made in April, and I hope to work closely with the administration and the City Council to ensure that there is positive progress made in that time. DOC and the city must also commit to the 2027 timeline that the prior administration agreed to close the jail on Rikers Island. The threat of receivership should push us to take this as a final, critical moment for change. It should not be viewed as keeping the status quo, as we know that that does not work, and it should not mean the city should stop collaborating to figure out what is needed to make our jails humane and respectful of the dignity of those who are detained and those who work in them. We have the distinction of having less people than we did over a decade ago, a better detainee to correction officer ratio, and the most violent jail in the nation. Hopefully we can do something about it. 

Thank you.

"This time last year, the drop in temperatures and increase in travel and indoor gatherings around the holiday season contributed to a massive spike in COVID infections as the Omicron variant circulated. We cannot passively repeat the patterns of the past.

"With COVID cases again increasing, compounded with RSV and the seasonal flu, now is a moment to take additional precautions to limit spread ahead of and during the holidays. I commend state and city health officials for recommending masks – which are an important tool in preventing each of these three illnesses – in schools and other indoor public spaces. Wearing a high quality, non-cloth mask in crowded, high risk situations remains a simple, effective way for families to stay healthy ahead of and throughout the holidays. In addition, I want to strongly encourage those who have not yet done so to get the updated vaccine booster, as well as the flu shot, and recommend frequent COVID tests.

"A spike in cases, and the suffering that entails, is not inevitable. We may have to live with the realities of COVID, but that doesn’t mean ignoring it."

Public Advocate Jumaane D. Williams spoke out today in support of legislation which would prohibit housing discrimination against New Yorkers with arrest or criminal records. During a hearing of the City Council Committee on Civil and Human Rights, he argued in favor of Intro 632, a landmark bill sponsored by Council Member Keith Powers which would ban housing providers from asking about arrest or conviction records or doing a criminal background check on potential tenants. The Public Advocate is a co-prime sponsor of the legislation.

"Formerly incarcerated New Yorkers deserve a fair chance – truthfully, often a first chance – and in too many areas, their past record leads to discrimination and barriers rising to interfere with re-adjusting and increase recidivism. Years ago, we passed a law to give people a Fair Chance – often a first chance – at employment, and it's past time we ensured a Fair Chance at housing,” said Public Advocate Jumaane D. Williams of the bill. “This battle is occurring in a city with growing housing and homelessness crises, which are further compounded if you are a returning resident determined to be a productive member of the city. I’m proud to co-sponsor this legislation with Council Member Powers and urge the City Council to move quickly to pass this vital protection.”

Specifically, Intro 632 would would prohibit housing discrimination in rentals, sales, leases, subleases, or occupancy agreements in New York City, on the basis of arrest record or criminal history. Landlords, owners, agents, employees, and real estate brokers would be prohibited from obtaining criminal record information at any stage in the process. This would not apply where federal, state, or local laws, rules or regulations require exclusion based on criminal history or require a criminal background check for eligibility – it also does not prohibit inquiries into the NY sex offender registry. The bill outlines a fair housing process for applicants to dispute an adverse action based on arrest record or criminal history and does not apply to two-family owner-occupied housing or rooms in owner-occupied housing.

In New York City, nearly 750,000 people have a conviction record — almost 11% of the adult population. The Fair Chance for Housing Act would ensure that past convictions and arrests cannot bar formerly incarcerated New Yorkers from accessing housing. For too long, lack of access to consistent and affordable housing has made it even more difficult for New Yorkers to re-enter and succeed in society after incarceration. The Public Advocate argued, “According to a report done by the Prison Policy Initiative, formerly incarcerated people are nearly 10 times more likely to be homeless compared to the general public. For far too long, there has been no protection for New Yorkers whose housing applications have been denied due to criminal records.”

In 2015, City Council passed the Fair Chance Act to help New Yorkers leaving incarceration procure stable jobs by “Banning the Box,” barring criminal background checks or questions about past criminal history during the hiring process. The Fair Chance for Housing Act would extend the impact of this historic legislation to housing opportunities, so that New Yorkers who have already served their time are able to find both employment and housing. Like employment, stable, quality housing is essential in limiting recidivism and promoting public safety.

The Public Advocate implored City Council to support the legislation, noting that passage of the Fair Chance for Housing Act would help to address “decades of housing inequalities that Black and Brown New Yorkers have faced.”

Read the full legislation here, and the Public Advocate’s comments below.

STATEMENT OF PUBLIC ADVOCATE JUMAANE D. WILLIAMS

TO THE NEW YORK CITY COUNCIL COMMITTEE ON

CIVIL AND HUMAN RIGHTS

DECEMBER 8, 2022

Good Morning. 

My name is Jumaane D. Williams and I am the Public Advocate for the City of New York. Thank you very much Chair Williams and members of the Committee on Civil and Human Rights for holding this hearing and allowing me the opportunity to provide a statement. 

Housing is a basic human right and should be prioritized as our City continues to face a homelessness, housing, and affordability crisis. For today’s hearing, this legislation aims to address the housing discrimination faced by formerly incarcerated people. I am proud to be a co-sponsor on Int 0632-2022.

The Fair Housing Act was enacted in 1968 making it a critical piece of legislation that prohibits discrimination against renters or homebuyers on the basis of national origin, race, religion, sex, or disability. However, this legislation does not directly prohibit discrimination of potential renters or homebuyers who have criminal records. This discriminatory practice has been taking place in New York City for years and directly impacts Black and Brown New Yorkers who are disproportionately affected by the criminal justice system. Int 0632-2022, sponsored by Majority Leader Keith Powers, will prohibit housing discrimination in rentals, sales, leases, subleases, or occupancy agreements in New York City, on the basis of arrest record or criminal history. This bill addresses the collateral consequences of criminal records and stops the never-ending cycle of punishment. Formerly incarcerated New Yorkers deserve a fair chance at housing. They have continuous face barriers and discrimination in so many areas of their life which can heavily influence their integration back into society as well as cause an increase in recidivism.

Towards the end of 2020 we passed the, “Fair Chance Act 2.0” which banned employment discrimination on basis of arrest record. We must move forward and incorporate fair chances at housing for them. According to a report done by the Prison Policy Initiative, formerly incarcerated people are nearly 10 times more likely to be homeless compared to the general public. For far too long, there has been no protection for New Yorkers whose housing applications have been denied due to criminal records which shows that “right to housing” for residents have not been upheld by the Administration.

As the City continues to face the growing housing and homelessness challenges, this exacerbates the process for returning residents to fully assimilate and be their best selves. You cannot expect a returning resident to be productive and their best selves and then not allow them a place to live. 

Passing this bill will mean the start to restoring decades of housing inequalities that Black and Brown New Yorkers have faced for generations. I hope we can move forward with passing this bill as we have overwhelming support from over thirty co-sponsors along with Mayor Adams’ support. It is our duty to give them a chance, so we can all be safe. 

Thank you.

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Ahead of the release of the 2022 Worst Landlord Watchlist, Public Advocate Jumaane D. Williams advanced his bill to combat the practices of some of the worst landlords in New York City and support tenants in need of relief and repairs. For its hearing of the City Council Committee on Housing and Buildings today, he argued in support of Intro 583, a part of the Worst Landlord Accountability Act which is aimed at correcting and preventing disingenuous tactics used by some of those landlords in order to attempt to remove themselves from the list.

"In putting together the Worst Landlord Watchlist, we found far too many instances of landlords failing to live up to their most basic responsibilities of being a steward for the housing of renters who call New York home," said Public Advocate Williams of the legislation. "In case after case, violation after unchecked violation, bad actors demonstrated an inability or an unwillingness to live up to their end of the bargain – and it's past time to put in place meaningful reforms to not just call out these actions, but to put a stop to them. This legislation is about preventing landlords from evading accountability and protecting their tenants from conditions which are physically unsafe or otherwise insecure."

Within the current system, landlords are often able to self-certify their own repairs without city verification. Under the Public Advocate’s legislation heard today, Intro 583, the Department of Housing Preservation and Development would be required to maintain a certification of correction list and prohibit any listed landlord from certifying correction of violations in multiple dwellings without an inspection. This would prevent landlords already identified as bad actors from falsely claiming repairs have been made.

The bill would also increase penalties for failure to correctly certify. A landlord who fails to file a statement of registration or an amendment of a statement of registration will have to pay a fine of anywhere between $500 and $1,000. Anyone willfully making a false certification of correction of a violation will have to pay between $500 and $2,500 for each violation falsely certified, as well as any other penalties required. Additionally, penalties would increase for hazardous violation of housing standards based on severity.

The Public Advocate noted in his statement for the committee, “As we soon move into the new year, it is critical that we take swift action to hold the worst landlords accountable. We need to invest the resources to stop them from handling these violations and fines as negligible, or the cost of doing business, and combat the notion that making profit is much more vital than their own tenants.”

Each year, the Public Advocate's office releases the Worst Landlord Watchlist, which spotlights the top 100 most egregiously negligent landlords in New York City as determined by widespread and repeated violations in buildings on the list. The 2022 list will be released in the coming weeks.

Read the bill here, and Public Advocate’s statement to the committee below.

STATEMENT OF PUBLIC ADVOCATE JUMAANE D. WILLIAMS

TO THE NEW YORK CITY COUNCIL COMMITTEE ON

HOUSING AND BUILDINGS

DECEMBER 6, 2022

Good Morning. 

My name is Jumaane D. Williams and I am the Public Advocate for the City of New York. Thank you very much Chair Sanchez and members of the Committee on Housing and Buildings for holding this hearing and allowing me the opportunity to provide a statement. 

During today’s hearing, I will be talking about Int 0583-2022, which increases the penalties for various violations including landlords that falsely claim their violations are fixed. These violations are issued by the Department of Housing Preservation and Development (HPD). The purpose of this bill is to make sure that the violations landlords receive are not persistently ignored. This will give them a sense of urgency to actually resolve it. The Department of Housing Preservation and Development is also required to post a certification of correction watchlist on their website every year before January 15. This provides additional monitoring on any violations, more accountability towards landlords, and further protection for tenants facing unsafe conditions. In order for landlords to have their violations rectified, HPD must conduct an inspection to verify that the violation has been corrected. 

According to the data we found based on our Worst Landlord Watchlist from last year, many landlords further abandoned building repairs throughout the pandemic. Across the board, there was an overall increase in violations among landlords on the list. HPD even reported an increase as well. There continues to be a trend of abuse and neglect by bad landlords in New York City. As we soon move into the new year, it is critical that we take swift action to hold the worst landlords accountable. We need to invest the resources to stop them from handling these violations and fines as negligible, or the cost of doing business, and combat the notion that making profit is much more vital than their own tenants.

In alignment with this bill, my office and I are set to release our 2022 Worst Landlord Watchlist very soon. This bill will close the gaps of landlords getting away with not upholding the responsibilities that come with this title. I urge my colleagues to prioritize passing this bill in preparation for this release. We must choose the path that allows us to adequately invest and support New Yorkers who are living here. 

Thank you.

"Congratulations to Congressman Hakeem Jeffries, my fellow Brooklynite, on being elected as the next leader of the Democratic Caucus – the first Black person to take on this role. This is an historic moment, a well-deserved honor, a solemn responsibility, and an important opportunity to advance a vision and agenda for our nation. I know from many years of governing alongside Rep. Jeffries that he cares deeply for our community and country, and look toward his tenure with anticipation.

"I am sure that throughout his leadership we will have points of disagreement, whether on policy or who is in our hip hop top-five, and I am sure that he will approach those debates and this work as he has throughout his time in office – with passion, integrity, and a commitment to do good.

"Now more than ever, we need to put forward bold ideas and clear progressive vision, and New York City – Brooklyn – can lead the way. I stand ready on the city level to act as a partner in progress, a progress already on display with today’s historic vote."

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"Our city’s mental health crisis is longstanding, widespread, and demands increased attention and funding. At the same time, the type of response the city provides is just as critical as its strength, and the city seems stubbornly insistent on using police as main decision makers in mental health emergencies.

"As our office has argued since 2019, mental health is a public health issue – not a criminal one. Unfortunately, as we detailed in our new review just days ago, the city has still not taken many of the steps needed to reform our mental health and public safety infrastructure, and in some ways, has gone backward.

"I am encouraged that the city is now advancing some of the recommendations of my office, including drop-in centers, safe havens, stabilization beds, and outreach vans - this progress must be acknowledged. These tools will make our communities safer, stronger, and healthier, and the city should use this approach as a model for moving forward.

"The mayor’s announcement leaves many details unspecified, questions unanswered, and must provide more information on the intentions, implementation, and non-police investment in its plan. A framework that continues to center overreliance on police, diminishes the role of health professionals, and de-prioritizes the role of peer support will not be sustainable or effective in meeting the needs of New Yorkers in need or a city in crisis."

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