504 Democratic Club: Questionnaires (Candidate for State Assembly Micah Z. Kellner's 2010 response)

Candidate Name: Micah Z. Kellner

Candidate for Assembly District: 65 (Manhattan)

Contact Person: Paul Curtis

Campaign Address: 217 East 85th Street #117, New York, NY 10028

Phone: 646-450-7835

Email: micahkellnerny@gmail.com

Endorsements:

Most of the organizations I am seeking an endorsement from will not be announcing their decision for some time. So far, in 2010, I have been endorsed by the:

East Side Democratic Club
Lenox Hill Democratic Club
Stonewall Democratic Club
Gay & Lesbian Independent Democrats

In 2008 I received the endorsements of the following organizations:

NYS AFL-CIO
AFSCME
CSEA
DC 37
UFCW Local 1500
NYSUT
UFT
Steamfitters Local 638
NYS Association of PBAs
Bridge and Tunnel Officers Benevolent Association
NYS Law Enforcement Officers Union Council 82
New York Farm Bureau
Police Officers Conference of New York
Patrolmen's Benevolent Association
Council of School Supervisors and Administrators
Stonewall Democratic Club
Gay & Lesbian Independent Democrats
NY League of Conservation Voters
Humane Society of New York City
NARAL Pro-Choice New York
Planned Parenthood of NYC
Working Families Party
504 Democratic Club

If there is a Campaign office(s), is it wheelchair accessible?

There is no campaign office.
How have you incorporated people with disabilities into your campaign?

Many of my supporters are people with disabilities; additionally, I am using my campaign to highlight the importance of accessibility and of equal rights for those with disabilities, as well as to emphasize my work on behalf of people with disabilities.
If you are an incumbent,
1. Is your office accessible to persons with disabilities?
  
  My office is accessible to persons with disabilities.
What personal and professional experience have you had with people with disabilities in your personal life and in the workplace?

I have cerebral palsy so I have first-hand experience. I have employed people with disabilities and worked with colleagues who have disabilities. I believe that first-hand personal experience of disabilities strongly enhances one's ability to understand these issues and to be an effective and passionate advocate on behalf of people with disabilities.
What type of jobs would you be willing to hire and to provide reasonable accommodation (e.g. flex or part time) for staff members with disabilities?

I am willing to hire people with disabilities for any staff role and to make reasonable accommodation, and I have done so in the past.
While in public office and/or prior to this campaign, what have you accomplished in regard to advancing disability rights? This can include work towards accessible housing, transportation, employment, health care, education, and including people with disabilities in the political process?
- I continue to be a strong advocate for accessible transportation: I have introduced legislation to create the MTA Riders Council for People with Disabilities (A. 3954b, which passed the Assembly this month); to mandate daily inspections for elevators and escalators in MTA passenger stations and improve oversight for repair (A. 3952); to require that any renovations of MTA stations include elevators or escalators (A. 7747); to create a tax incentive for accessible taxis (A. 8508a); and to require a fully-accessible taxi fleet (A. 7842, which is scheduled for a public hearing this Friday, June 11).
- I successfully fought against the MTA's outrageous and unfair proposal to raise the Access-a-Ride fare; I am actively engaged in talks with the MTA to begin a pilot "access-a-card" system allowing paratransit riders to use debit cards in taxis as an alternative to AAR vans; I continue to press the TLC to move toward a fully-accessible taxi fleet as part of its "Taxi of Tomorrow" plan; my report "Not For Hire" exposed the failure of the TLC's half-hearted efforts to enforce accessibility in the for-hire-vehicle industry and issued recommendations for ensuring that New York's FHV fleets are genuinely able to provide reasonable accommodation in the future.
- I introduced the Blind Patients' Bill of Rights (A. 7791), which passed the Assembly this year.
- I introduced legislation (A. 8278b) to ban specialty tiering in prescription drug pricing, to prevent health insurers from gouging patients with disabilities and chronic illnesses, and released a report showing that the bill would protect 4 million New Yorkers who rely on more expensive medications. The bill has passed the State Senate and is scheduled for a vote before the Assembly Insurance Committee.
- I introduced a bill to provide transportation for Medicaid recipients from their homes to a safe location (and back again) during pest exterminations (A. 7843a); and a bill to prohibit the seizure of a taxpayer's vehicle if the taxpayer or a member of the taxpayer's household has a mobility impairment (A. 9251).
- I have worked with parents of children who need assistive technologies in schools to improve access to these technologies, which are important to creating a better learning environment for children who are cognitively capable of succeeding at the same level as their peers but who are unnecessarily isolated at present; I have begun to work with New Alternatives for Children to explore the possibility of creating a charter school that could specialize in serving children with special medical needs in an integrated environment.
- I have written a number of letters to Speaker Silver and Governor Paterson along with Assembly Members Gottfried and Koon to advocate for the passage of the EPIC for People with Disabilities bill, of which I am a sponsor, and I continue to advocate for this important bill.
- I have opposed efforts to remove the right of access to the jury system for those affected by medical malpractice, instead working to address doctor's concerns about liability insurance costs by focusing on increasing reimbursement rates.
- I have secured legislative grants for organizations that provide services to people with disabilities including NAC, Roosevelt Island Disabled Association, and the Rhinelander Children's Center program for deaf and hard of hearing children.
Will you commit to only attend and/or sponsor events that are accessible to people with disabilities including providing written materials in alternate formats, providing assistive listening systems, and sign language interpreters, as well as ensuring that locations are accessible to people who use mobility aids, like wheelchairs and walkers?

Yes.
Do you pledge to use your office to affirm or strengthen, rather than weaken, civil rights protections to persons with disabilities?

Yes.
How do you propose your active involvement/availability to the disability community?
1. Will there be a specific person in your office responsible to this community?
  
  Yes.
2. Will have regular office agenda meetings on these issues?
  
  Yes.
3. What would you do to have direct contact with our community?
  
  I will keep in personal contact with my colleagues and friends in the disability community to ensure that I am personally available and aware of what is happening; my staff and I will continue to be closely involved in disability issues and to work with advocates and others with disabilities.
How will you work closely with the disability community to assure passage of vitally needed legislation? What will be your strategy?

My strategy is to meet with advocates and leaders regularly to talk about important issues and work collectively to establish priorities and strategies for achieving them. I regularly reach out to disabilities advocates for advice and input and I will continue to do so.
How would you change the laws of New York State to protect the rights of its citizens with disabilities?

As described above, I have introduced and sponsored multiple bills to change our state laws in order to make New York's transportation, housing, and health care more accessible and to protect the rights of people with disabilities.
While the State is focused on reducing the costs of Medicaid and other programs, persons with disabilities need to continue to have access to the services and supports they need and choose.
1. Would you oppose proposals which would negatively affect eligibility, benefits, coverage, and/or access to services for Medicaid beneficiaries and eliminate the systemic bias that leads to unwanted placement in nursing homes and other institutions?
  
  Yes.
2. Would you seek to promote comprehensive long term care reform that will not reduce coverage or access to services?
  
  Yes.
3. Would you increase rental/housing subsidies to participants in the new Nursing Facility Transition and Diversion Medicaid waiver program?
  
  Yes.
Would you expand Elderly Pharmaceutical Insurance Coverage program (EPIC) to provide the same level of eligibility and coverage to persons with disabilities under age 65?

Yes.
Will you support moving funds from nursing homes to moving patients out of nursing homes and back into the community?

Yes.
We are in the midst of a housing crisis. Accessible, affordable housing is in short supply. People with disabilities are being priced out of the market. Do you support the creation of a housing trust fund for persons with disabilities?

Yes.
Section 504 of the Rehabilitation Act of 1973 requires housing developers to set aside a certain percentage of accessible units for persons with disabilities when federal funds are used for construction. Do you favor incorporating these provisions into State law so that the Department of Housing and Community Renewal can be empowered to enforce these provisions?

Yes.
Visitability sets guidelines to ensure newly constructed multi-family dwellings have basic accessible/adaptable features to permit people with disabilities can visit, and for residents to "age in place," without having to move out when age and/or disability set in. Do you support incorporating the concept of "visitability" in the New York State Building Code?

Yes.
At present: SCRIE (Senior Citizen Rent Increase Exemption) Household income cap is $29,000. DRIE (Disabled Rent Increase Exemption) is $19,284/single and $27,780/2 or more. What is your position on increasing DRIE income eligibility to match SCRIE?

I support increasing DRIE income eligibility to match SCRIE.
While localities have acquired voting machines that attempt to meet the accessibility standards of the Help America Vote Act (HAVA), many poling places in New York State remain inaccessible to persons with disabilities. Do you favor the elimination of provisions in Section 4-104 (1-a) of the New York State Election Law allowing waiver of polling place accessibility standards?

Yes.
Despite Section 504 and the Americans with Disabilities Act, students with disabilities face problems when pursuing higher education. These statutes do not specify how students should request accommodations or assistance in asserting their rights under the law. Will you support a fully funded office of disability services on each SUNY and CUNY campus to assist students with disabilities in securing accommodations?

Yes.
How do you propose dealing with school districts that deny civil rights to disabled students even after the Sate Division of Civil Rights affirms the student's rights such as to use a service animal?

I would first meet with the school and the DOE to address the problem. If necessary, I would generate press attention to the issue. If all else failed, I would help the student to find pro bono legal representation. If there was a legislative remedy that was warranted or useful (perhaps establishing penalties for non-compliance) I would certainly look into this possibility as well - though that would likely be a long-term solution to prevent similar situations in the future.
Do you support legislation requiring car services, and shuttle services to purchase wheelchair accessible vehicles or otherwise ensure that they have the capacity to serve persons with disabilities?

Yes - I issued a report this year highlighting the total failure of the for-hire-vehicle industry and the TLC to provide reasonable accommodation for people with disabilities.
Will you or do you support Assembly Member Kellner's proposed bill requiring New York City to transition to a 100% accessible taxi fleet?

Yes - I am the sponsor!
Persons with disabilities have historically been under-represented within the Democratic Party leadership. According to the 2000 census, persons with disabilities comprised 20.6% of New York State residents and 23.1% of those 18 years and older. Previously, we were told that only those groups included in the Voting Rights Act were included in the goals and timetables for delegate selection. Yet the lesbian and gay communities were included for the first time at the 2000 convention and again at the 2004 and 2010 conventions. Would you support a campaign to set a goal that 10% of the total New York State Delegation to the 2012 Democratic National Convention be comprised of persons with disabilities.

Yes.

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