Articles Posted in Legislation-Regulation

A famous former New York City mayor prosecuted “quality of life” crimes to “clean up the streets,” but what if that enforcement mentality came to the streets and sidewalks of Nyack. This month, a local resident saw my article in the Nyack Villager, and asked,

My problem is with property owners that are allowed to grow their hedges and shrubberies well over the edge of the sidewalks. I have found the worst violators are along . . . . . Up to a foot of sidewalk is lost in places because vegetation has grown without proper maintenance. In places, two people who want to walk abreast have to go into single file…or worse, one has to walk in the street. At this point, it is more than just an annoyance, it is a safety issue. . . . .[Name withheld by me].

As someone who commutes by foot, I understand the blight of overgrown hedges, cracked and damaged sidewalks, and icy patches near down spouts pouring onto the sidewalk. What are the rules that govern our sidewalks, and whose responsibility is it to fix the problem? It turns out that the Village of Nyack has very strong sidewalk laws designed to make them clean and safe– the question is whether we as a community are going to enforce those laws.

So, you are an entrepreneur, a small business trying to distinguish yourself from the crowd. You pick a name, say, “The Chocolate Library,” and you think you are good. But, under the New York State Business Corporation Law, such a name may not be available.

“Libraries” are generally known as a collection of books and other materials for reading and study. In a clever play off the traditional definition, an East Village boutique tried using the name The Chocolate Library, and hoped to register the name to describe the store’s large assortment of chocolate, including various international brands, origins, types, and tastes.

Effective July 2005, however, the use of school-related words such as ‘library,’ ‘school,’ academy,’ ‘institute,’ and ‘kindergarten,’ in a certificate of incorporation by any New York business is barred unless there is prior consent from the education commissioner.

You owe some money on a debt, the creditor gets a judgment against you, and suddenly, your checking account is frozen by a restraining notice. That scenario is all too common, especially when we all live in a large metropolitan neighborhood, change addresses often, and sometimes don’t get copies of the lawsuit naming you as a party to the action.

New York State has recently amended its laws relating to when a creditor seeks to restrain a debtor’s bank account. Specifically, New York state law exempts certain types of income from debt collection. These exemptions include veterans’ benefits, Social Security, Social Security disability, pensions, public assistance, workers compensation, unemployment insurance, child support, as well as spousal support and maintenance. Although the New York State exemptions are intended to ensure “at-risk” New Yorkers have the means to buy food, pay rent, and have basic necessities, procedural loopholes have increasingly led creditors to freezing bank accounts containing legally exempt income.

As a result, New York has recently enacted the Exempt Income Protection Act (EIPA). The EIPA limits creditors’ ability to restrain exempt funds stipulating that banks cannot restrain the first $1,716 in a debtor’s account if he or she does not receive government benefits or assistance.

As the fiscal crisis for government deepens, local leaders are increasingly pressed to re-tool. For years, consolidation of governmental services has been a complex labyrinth of regulation understood by few. New York State Attorney General, Andrew M. Cuomo believes that one way to improve the services and reduce the tax burden, is to remove and consolidate various layers of government– to reduce the tax bills for everyday tax payers who often pay county and town taxes, village taxes, school taxes and taxes for special districts, including water, sewer, and utilities.

Given the current fiscal crisis New York State faces, with declining revenue (taxes) and increasing needs (costs of services), how is the local municipality going to effectively provide the services without increasing taxes or reorganizing governmental entities to efficiently provide the same services.

Just as private businesses re-organize in this global economy, the municipal market place might need re-structuring if we are to retain our middle class, our businesses, and our home rule. Think of the duplicity (redundancy and otherwise) in services provided by an estimated 10,521 overlapping governmental units, sub-divisions, etc. Would private industry permit the same wasteful bureaucracies that exist in local communities.