REMARKS
Kalman Yeger explains vote on broker fees and charter revision commission
0:40:52
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121 sec
Council Member Kalman Yeger explains his votes against Intro 360-A (broker fees) and Intro 1088-A (charter revision commission). He argues that the council lacks legal authority to regulate broker fees and opposes outsourcing charter amendments to a commission.
- Yeger believes the state's Real Property Law preempts the city's authority to regulate broker fees
- He opposes creating a charter revision commission, preferring the council to amend the charter directly
- Yeger also votes no on Resolutions 627 and 630, viewing BIDs as a form of taxation
Kalman Yeger
0:40:52
Thank you very much.
0:40:54
Sometimes what might seem like a fair and reasonable law, a good idea, a common sense concept is nonetheless outside the purview of this institution and this body to adopt.
0:41:05
And that happens because we are a creature and a creation of the state of New York, and we don't have the authority as much as we would like it to regulate every single part of this city, notwithstanding the fact that we are the city's legislature.
0:41:19
This is a particular example of that.
0:41:21
New York State Law, the Real Property Law, Article 12 a, regulates brokers, regulates the fees that they accept, regulates the method by which they can accept commissions, regulates their licensure.
0:41:35
The state has opined on this topic.
0:41:37
They've said that they will control this topic.
0:41:41
That takes us out of the mix.
0:41:42
It doesn't mean that we can't propose a good idea.
0:41:45
It just means we don't have the authority legally to adopt it.
0:41:49
And over time, over the last several years, and this time will soon come to an end, I don't I I have opined on this topic, and sometimes the courts have agreed with me, and sometimes they haven't.
0:41:59
And we don't know what will happen, but I like to on the side of my reading of the law, and on 1088, I can't agree that the council has the legal authority to pass this bill, so I vote no on 1088.
0:42:13
I also vote no I'm sorry.
0:42:14
Excuse me.
0:42:15
On intro 360.
0:42:16
I also vote no on intro 1088 for reasons that I stated 5 years ago on this exact topic.
0:42:22
I don't believe we should outsource our work to a commission of players to be named later.
0:42:27
And I think if we want to amend the charter, we ought to do it here.
0:42:30
And we do it in every single meeting or virtually every single meeting of this council.
0:42:34
We amend the charter in various ways.
0:42:35
We can do it here.
0:42:36
We should do it here.
0:42:37
That's what we get paid for.
0:42:39
And I also vote no on reso's 627 and 630.
0:42:43
You're probably tired of hearing why, but, bids are taxes.
0:42:48
And I'd like to increase taxes on New Yorkers, and I'm not gonna do it now.
0:42:52
Thank you very much, madam president.
