Candidate Answers to JOLDC: Gustavo Rivera for NY Senate District 35
Candidate Name: Gustavo Rivera
Office Seeking Election for: New York State Senate District 35
Website: http://www.gustavoforthebronx.com/
1. Explain, based on life experiences and accomplishments, why you believe you are best qualified to represent your district.
I have been honored to represent the 33rd State Senate District for over a decade and I would like to continue working for my neighbors. Since the Democratic Conference was able to get the majority in the Senate we have been able to accomplish so much for working New Yorkers, but there is still a lot to do. I am running because I strongly believe government can have a positive impact on people’s lives and I would like to continue directly playing a role in governance.
Harold Lasswell said, “Politics is who gets what, when, and how.” I truly
believe that is true and I want to fight to make sure that I use my political power to helpworking New Yorkers and my constituents.
As the Chair of the Senate Health Committee, my number one goal is to pass the New York Health Act. Wealth should not dictate your health and I am committed to making that areality in New York.
2. Please identify any openly LGBTQ candidates for public office you have previously or presently endorsed?
In the last electoral cycle, I endorsed the following candidates for public office: Tiffany Caban, Elisa Crespo, and Marti Cummings for NYC Council.
3. If applicable, what legislation directly affecting the LGBTQ community have you introduced or co-sponsored?
I proudly voted for the Marriage Equality Act in 2011, one of the first pieces of legislation that I voted on. I have also co-sponsored and voted on the following bills: GenderExpression Non-Discrimination Act (S.1047) and Bans on Conversion Therapy (S.1046).
4. What LGBTQ organizations have you been involved with, either on a volunteer or professional basis?
I have been involved with the following organizations on a volunteer basis and as a supporter via my capacity as State Senator:
○ Stonewall Democratic Club
○ SAGE
○ Bronx LGBTQ Community Center
○ Jim Owles Liberal Democratic Club
5. If applicable, what LGBTQ organizations have you allocated funds to?
I have been able to allocate funding to the SAGE Community Center which provides socialactivities and programming to LGBTQ+ elders in my district.
6. Do you consider yourself a member of the LGBTQ community?
No
7. Have you marched in any Pride parades? Which marches and for approximately how many years?
Several. I have lost track. Since being elected, I try to attend the NYC Pride March every year.
8. Have you employed openly LGBTQ individuals previously? Do you employ any currently?
I have previously employed openly LGBT individuals. Currently, I do not.
9. If you receive the Jim Owles endorsement, do you agree to identify the club on all literature and electronic materials where you list endorsements?
Yes, I commit to placing the Jim Owles logo on all literature and electronic endorsement if I am to receive your endorsement.
10. What press conferences, demonstrations, rallies, and protests in support of LGBTQ issues, pro-choice legislation, criminal justice reform issues, and the Resist Trump Movement have you attended and/or participated in?
I have attended press conferences, demonstrations, rallies, and protests on all of these issues several times.
11. Have you ever been arrested in pursuit of legislation or for protesting an injustice? Please elaborate.
No, I have never been arrested.
12. If you are an incumbent, what have you accomplished in your most recent term?
In this last term I have been able to accomplish the following:
● In December 2021, Governor Hochul signed my bill to improve lead testing of schooldrinking water by increasing testing frequency, removing testing exemptions, and lowering lead levels.
● In October 2021, Governor Hochul signed my bill to decriminalize the possession and sale of hypodermic needles and syringes.
● In June 2021 my Opioid Settlement Fund bill became law ensuring that any money won from NYS lawsuits against pharmaceuticals and opioid manufacturers be used tofund substance use disorder prevention, treatment, recovery, and harm reductionservices.
● In May 2021 my safe staffing bill for nursing homes and hospitals passed setting standards on the level of staff healthcare facilities must have available for each patient.
● In April 2021 alongside my colleagues, I fought to deliver a great budget to NewYorkers that included restoration of millions in Medicaid Cuts, $2.1B to create first in the nation Excluded Workers Fund, $2.6B in rent relief for tenants, and $650K for localorganizations in my district.
● Held the former Governor publicly accountable for his mismanagement of our state and misconduct.
● In 2020, the Governor signed my bill to enable pharmacists to fill
emergency insulin prescriptions for diabetic New Yorkers.
● In 2020, my Contact Tracing Confidentiality Act was signed into law.
● In 2020, successfully advocated for the Executive to extend Emergency Medicaid coveragefor COVID-19 testing and treatment for low-income undocumented immigrants.
13. For the following pieces of legislation, please answer if you are currently a sponsor or co-sponsor (if you are an incumbent), or if you will co-sponsor (if you are not an incumbent):
○ Fair and Timely Parole (S.1415A / A.4231A): A bill pending in Albany that would ensureaccess to the parole release process for incarcerated people in New York State. This bill ensures that decisions on parole are not solely based on the nature of the original crimes butincludes incarcerated peoples’ records of rehabilitation and assessment of current risk to public safety.
I wholeheartedly believe that no one should be defined by the worst thing that they ever did and if they have demonstrated accepting responsibility and changed, then they should be let back into society. It is why as the sponsor of this bill I will fight and prioritize the passage of this bill during this legislative session.
○ Elder Parole (S.15A / A.3475A): A bill pending in Albany that would allow elderly incarcerated people who have served at least 15 years in prison an opportunity to appear before the Parole Board for a chance at release.
New York State has the shameful distinction of having one of the highest prison populations of people serving life sentences in the country. I fully support the Elder Parole Act as itwould effectively end prison death sentences in New York State.
14. If you will not co-sponsor any of the above legislation, why not?
I co-sponsor both bills.
15. Do you oppose the efforts to weaken bail reform as written
I have and will continue to oppose and call out the fear-mongering used by those seeking to weaken bail reform. It is why I voted against the pro-Jail bail reform rollbacks in 2020. For generations, we’ve had a system that has criminalized poverty in a racialized way and we still have to undo the other systems that disproportionately criminalize black and brownNew Yorkers.
16. Do you commit to visiting constituents who are incarcerated in state prisons and city jails? If incumbent, when did you do so last?
I commit to visiting constituents who are incarcerated in state prisons and
city jails and will continue to fight to end mass incarceration and improve the living conditions of those who remain behind bars. Back in September 2020, I chaired a hearing that shined a light on our state’s horrid response to the spread of COVID-19 in prison and jails and issued recommendations to better our response. In February 2021, I visited the Otisville Correctional Facility Visit for an unannounced visit to evaluate the conditions of thefacility during the pandemic.
17. Do you support legislation outlawing solitary confinement in all prisons statewide including city jails?
I believe that solitary confinement is torture. New York State must guarantee our corrections system meets the basic standards of human rights. It is why I am proud to support the Halt Act to end this inhumane policy and support efforts to instead implement programs focusedon rehabilitation.
18. When was the last time you were inside a correctional facility?
In February 2021, I visited the Otisville Correctional Facility Visit.
19. Do you believe sincere remorse and actions taken while incarcerated should be considered over the original crime in determinations of parole?
Again I wholeheartedly believe that no one should be defined by the worst thing that theyever did and if they have demonstrated accepting responsibility and changed, then theyshould be let back into society.
20. What do you believe should be done to ensure more clemencies are granted every year?’
I will support efforts that seek to apply pressure to the Governor in the hopes of themutilizing the power they have in granting clemencies. However, lobbying the Governor to exercise their power is not enough. It is important that the legislature enacts policies likethe ones advocated by the Clean Slate NYS and Communities Not Cages coalition. This will allow us to ensure that New Yorkers are not punished beyond their sentences and can return home to their families.
21. Will you publicly call on the governor to use her clemency power for the many incarcerated New Yorkers who can safely return home? Will you tweet out your support for this or issue a public statement? Would you be willing to be critical of a governor who does not exercise their power togrant clemencies and commutations to those worthy of release? Have you ever spoken out in such a way?
Last December alongside Senators Julia Salazar and Jessica Ramos, I called on Gov. Hochul to grant clemency to Reggie Randolph, a visually impaired man sentenced 2 to 4 years in state prison for having stolen cold medicine. This is not the first time I have called on a Governor to request clemency on behalf of a New Yorker and I will continue to support efforts that will push the Governor to exercise their power to grant clemencies and push for our state to invest in re-entry and other supportive programs.
22. Have you participated in any demonstrations or protests concerning clemency and parole?
I have participated in many demonstrations and protests organized by the People’s Campaign for Parole Justice, the Halt Solitary Campaign, Release Aging People in Prison (RAPP), and other allies in this movement. In the past, I’ve even held a town hall in the Bronx to educate our neighbors on our legislative efforts to bring people in prison home and end solitary confinement in New York State. I will continue to do all that I can alongsidegrassroots organizations to get this done.
23. Will you affirmatively seek to hire formerly incarcerated individuals?
Absolutely. I will commit to hiring formerly incarcerated individuals and will avoid stigmatizing anyone during the hiring process.
24. Do you support legislation to prohibit discrimination against formerly incarcerated people in housing and employment?
Yes. We cannot fight to bring New Yorkers home if there is none waiting for them. Buildingsupportive housing for those New Yorkers in need of wraparound services is critical in their reentry efforts and combating the high rates of recidivism that not only exist in my district but across the state. For those who may not need supportive housing, it’s vital that weprotect them from discrimination in their search for housing and employment.
25. Do you believe in the decriminalization of sex work? Are you or will you co-sponsor the bill introduced by Julia Salazar (S.6419 / A. 8230), which fully decriminalizes sex work?
Sex work is work. It’s why I have co-sponsored Senator Salazar’s bill and will support her efforts and those of grassroots organizations in getting this passed.
26. Will you actively oppose legislation (S.6040 / A.7069) that would implement the dangerous Nordicmodel instead of the decriminalization of prostitution? Explain
in detail your views on full decriminalization, the Nordic model, legalization, and the existing criminalization approach.
I am not very familiar with the Nordic Model, but it is my understanding that in some countries where the model has been implemented violent crime against sex workers has risen. It is clear that any approach is taken to decriminalize sex work needs to focus onensuring that it makes the practice safer.
27. Do you support ending qualified immunity for police officers?
Yes, I co-sponsored S.1991, which aims to eliminate qualified immunity in New York State.
28. What proposals will you advocate for to protect immigrants and further New York as a “Sanctuary State”?
Although we may have a federal administration that isn’t as xenophobic as the last one, it does not mean that our work to protect immigrants is done. To further strengthen New York’s status as a Sanctuary State I commit to the following:
● Fighting to grant voting rights to lawful permanent residents in state and local elections in New York.
● Fighting for an additional $3 billion in funding for the Excluded Workers Fund.
● Fighting for the New York for All Act (S3076/A2328), legislation that prohibits state and local officers from enforcing federal immigration laws and coordination with ICE.
● Fighting to pass Street Vendors Bill (S1175A/A5081), legalizing street vending, and vacating misdemeanor offenses for people arrested for street vending.
29. Do you support the establishment of supervised drug consumption spaces?
I was very glad that New York City opened its first two Overdose Prevention Centers last yearand they have already saved the lives of many New Yorkers. However, we need to ensure these centers are able to operate in the entire state. As the sponsor of the Safer Consumption Services Act (SCSA), I believe Governor Hochul could authorize these centersadministratively. This is one of my top priorities this session.
30. Have you ever endorsed any member of the IDC or any candidates who challenged IDC members? Please identify all candidates
I have not supported any member of the Independent Democratic Conference and havealways supported efforts across our state to defeat
this band of republican enablers. I endorsed Oliver Koppell when he challenged Jeff Klein in 2014 and supported the efforts to defeat the IDC back in 2018.
31. Will you commit to ensuring diverse LGBTQ representation among your staff?
Yes. I commit to ensuring diverse LGBTQ representation amongst my staff.
32. Who did you support for office in the following primaries or special elections: A) Mayor in 2021 B) President in 2016 and 2020 C) Governor and Attorney General in 2018?
A) Mayor in 2021: This was a tough election cycle. I endorsed Scott Stringer as my first choice and Dianne Morales as my second. For various reasons, both of these candidates demonstrated to be the wrong choice and I withdrew my initial endorsements. Ultimately, Iendorsed Maya Wiley.
B) President in 2016 and 2020: In 2016, I endorsed Hilary Clinton. In 2020, I endorsed Elizabeth Warren during the primary and Joe Biden during the general.
C) Governor and Attorney General in 2018: I did not endorse in the Governor’s race in 2018.Attorney General Tish James.
33. Have you made an endorsement in the current bid for Governor? If so, who?
As of yet, I have not endorsed any candidate for Governor and am primarily focused ondelivering a strong budget for New Yorkers in the coming budget fight.
34. Do you support term limits for statewide officeholders? For State Legislators?
I don’t believe that anyone is entitled or should believe that they have ownership of anyelected office. I strongly believe that our role as legislators, in addition to fighting for transformational policy and budgets, is to develop existing and new leadership in our districts. That being said, I believe term limits should be set for statewide positions, but not for state legislators. The role of a statewide officeholder is very different from that of alegislator.
35. Describe any legislation and policy changes that you support in order to address the ongoingeffects of slavery, racism, colonialism, and discrimination.
Education, economic development, and criminal justice are three issue areas where we need drastic policy shifts in the federal government to truly address the effects of slavery, racism, colonialism, and discrimination in our country.
36. What legislation or other policy changes do you support in order to make college and graduateschool affordable for poor, working-class, and middle-class Americans and to alleviate the crushing loan debt that many students and alumni are facing?
I support efforts at the federal level to end student loan debt. At the state level, I’ve introduced legislation like the Nurse Employment, Enhancement, and Dignity Act, whichprovides hazard pay during a state disaster emergency, an annual tax credit for nurses, a student loan forgiveness program for nurses, and preferential school admission for nurses. I’m also in support of the New Deal for CUNY (S4461) that will restore free tuition at CUNYamongst other key investments to the institution.
37. Do you support a single-payer universal health care system? Do you or will you co-sponsor the New York Health Act? Please elaborate.
Healthcare is a human right and it is critical that we pass the New York Health Act to make that a reality in New York State. This is my number one priority as the sponsor of the bill.
38. Discuss your stance on reproductive rights, including access to contraceptives and abortion services.
I fully support efforts to strengthen, defend, and fund access to contraceptives and abortion services throughout New York State. In 2019 I proudly voted for the Reproductive Health Act which codified Roe v. Wade protections into state law and ensures access to safe, legal abortion in New York state.
39. Will you refuse money from individuals or Political Action Committees representing the real estate industry or law enforcement unions/associations?
Yes. I refuse to take money from individuals or Political Action Committees representing thereal estate industry or law enforcement unions/associations.
40. Will you refuse and refund any contributions from executives at corporations complicit in the Trump agenda? What does this mean?
Yes. I refuse to take any contributions from executives at corporations that are complicit in continuing a Trump agenda of attacking anyone that isn’t a white straight man.
41. Will you cosponsor the legislation to prohibit evictions without good cause (S.3082 / A.5573)?
Yes. I am a proud co-sponsor of Good Cause eviction and believe that everyone should have a right to housing and protection from evictions whether they are just or not.
42. Will you push for the passage of Home Stability Support (HSS) to bridge the difference between the public assistance shelter allowance and fair market rents for NY's 95,000 homeless? Will you co-sponsor S.856 / A.6032, which amends the Social Services Law to create a statewide rent supplement for families and individuals who are eligible for public assistance benefits and who face eviction, homelessness, or loss of housing due to domestic violence or hazardous living conditions?
Yes, I am in support of the passage of the Home Stability Support (HSS) and as a co-sponsor will support efforts in getting this bill onto the floor for a vote.
43. What should happen to 421-a? Would you end it, mend it, continue it?
I am in support of ending the practice of giving tax breaks that cost New Yorkers an estimated $4 billion annually to corporate developers. I believe that those resources arebetter suited to improve and build deeply affordable and public housing throughout the state.
44. Do you support legalizing accessory dwelling units?
Yes, I support legalizing accessory dwelling units as it would regulate an existing housing stock and afford protections to tenants living in these units. There are families that live in existing units that are hazardous and not safe in the event of fires and/or floods. Legalizing these units will save lives but also increase the housing options that are available to NewYorkers.
45. Do you support more state funding for NYCHA? If so, how much?
I have more than 20 housing developments throughout my district and am in support ofefforts to increase state funding for NYCHA and public housing units across the state. Isupport the public housing demands outlined by the NYS Black, Puerto Rican, Hispanic, and Asian Legislative Caucus. We will fight to include $10 billion in the budget for emergencycapital improvements and operating expenses at NYCHA developments, including at least 3.4 billion in capital funds for Fiscal Year 2023 (baselined annually thereafter), and at least $2.4 billion more to increase the size of NYCHA’s Capital projects division. I also supportadding $1 billion to support public housing authorities outside of New York City.
46. Do you, or will you, co-sponsor the Climate and Community Investment Act?
(S.4264A / A.6967) If you are an incumbent and do not currently co-sponsor this bill, why not?
The residents of Senate District 33 are predominantly BIPOC, low-income, and renters. Themajority are deeply impacted by these issues and legislation like CCIA are an investment in them, a community that suffers from high rates of asthma, diabetes, and other gross health inequities. The money raised by the CCIA will create living wage green jobs that includeprevailing wage and apprenticeship requirements. These investments will allow us to address environmental racism and other forms of injustices faced by my constituents andother New Yorkers living in front-line communities.
47. Do you support the New York Public Banking Act (S.1762A / A. 8290? If you are an incumbent and do not currently co-sponsor this bill, why not?
I am in support of the New York Public Banking Act because I believe that we need to shirk the power that Wall Street has in our economy and to do that we need to build a publicbanking infrastructure that will drive investment into districts like mine. To better facilitate our long road to recovery from this pandemic, public banking will allow us to direct moneyto keep small businesses afloat, build and preserve housing, and undo decades of redlining and disinvestment.
48. Do you support the New Deal for CUNY (S.4461 / A.5843)? If you are an incumbent and do not currently co-sponsor this bill, why not?
I support a New Deal For CUNY due to the fact that our state has a long history ofdisinvestment from a system that predominantly serves low-income communities of color. A New Deal for CUNY is a recommitment to students and faculty by mandating minimum staff to student ratios for full-time faculty, mental health counselors, and academic advisors;professionalizing pay for adjunct instructors; and making CUNY free.
49. In view of the fact that Ed Koch has been documented to have caused the deaths of hundreds of thousands of people with AIDS, and was blatantly racist, would you support a city bill to rename theformer Queensboro Bridge? Do you authorize the use of your name for such a purpose?
I will be in support of renaming the former Queensboro Bridge and look forward to working with you all in identifying a better name for the bridge.
50. What is your position on removing the Christopher Columbus statue in Columbus Circle and if so, what should replace it?
I support removing the statue. I have not given much thought to what
should replace it
51. Do you support reducing the budget of law enforcement throughout the state, and if so, by how much?
I believe that we need to rethink the duties that we ask law enforcement to undertake, which would reduce the budget they need. For example, law enforcement should not be our first responders when it comes to dealing with a mental health crisis. Those resources should be reinvested directly in communities through programs and services that are better equipped to deal with certain situations.
52. Are you in favor of removing police from any of the following? a) Schools; b) Mental health response calls; c) Homeless outreach and social services; or d) Traffic enforcement.
Police have no role in outreaching to our unhoused neighbors or responding to incidents of drug use and overdose, and should not be first responders to incidents of mental orbehavioral health in our communities. I am in full support of investing in our public health system to better provide care and support our most vulnerable and susceptible to policeviolence.
53. Should law enforcements "Vice Squads" be eliminated?
If we truly hope to decriminalize sex work in New York State, we have to eliminate the exploitative Vice Enforcement Division. I am in support of redistributing funds used to enable this division and redirecting them to harm reduction groups and supportive programming.
54. How would you recommend law enforcement officers be penalized for refusing to wear masks in public while on duty, in defiance of city and state rules?
Each law enforcement department should set clear guidelines on what disciplinary action will be taken if an officer refuses to wear a mask in public. These disciplinary actions should escalate as do the incidents.
55. What reforms would you make to the Civilian Complaint Review Board? Would you support state legislation to make CCRB disciplinary determinations binding?
I support legislation that will make CCRB disciplinary determinations binding and will support reforms that will enable the CCRB to have greater oversight and regulatory power over the NYPD.
56. What will you do to support nightlife in New York State?
I voted for S2743 which authorizes the issuance of temporary retail permits to be issued for bars and restaurants opening in New York City, making it more efficient for new businesses to open. I am in support of efforts that will protect jobs in nightlife, guarantee protection for nightlife workers, and advocate for resources in the budget to keep the nightlife industry afloat.
57. Do you commit to speaking with restaurant and nightlife industry representatives before taking a position on any policies that affect their businesses?
I commit to speaking with restaurant and nightlife industry representatives before taking a position on any policy that may affect their business. I also commit to hearing any concerns they may have and educating them on existing policies and resources that can benefit their business.
58. Do you commit to speaking personally with liquor license applicants and license holders before opposing any bid for a liquor license? Likewise for an applicant seeking your support?
I can commit to speaking personally with liquor license applications and license holdersbefore opposing their bid for a liquor license and can explain to them my reasoning for doing so. For those seeking my support, my team and I can meet with them to sharefeedback provided by community members over the years on expectations they have for those seeking to operate in our communities.
59. What are the top 3 issues you aim to address locally and legislatively?
For my birthday last year, I made a top-five list of legislation I’d like to pass this year, all of them having the ability to positively impact a multitude of communities. Here is my wishlist:
1. New York Health Act
2. Overdose Prevention Centers
3. Expanding New York’s Essential Plan
4. Protections Against Medical Debt
5. Right to a Commercial Lease
60. What additional information would you like members of The Jim Owles Liberal Democratic Club to consider when we are making our endorsement
I have had the honor of representing Senate District 33 for the last 12 years and have especially enjoyed the impact we’ve had since taking back the majority. I’d like to continue in governance as I have some vital legislation that I’d like to see to the finish line. I hope that I can continue to count on your support so that I can keep fighting for you all and my constituents.