These days it’s impossible to have a conversation about small businesses without lapsing into how a heady, toxic mix of landlord greed, government fees and online shopping are slowly but surely destroying them all.
The biggest game changer we can think of, the Small Business Jobs Survival Act, is still very much in limbo. However, there are fortunately some lawmakers coming up with some other ideas in the meantime aimed at giving mom-and-pops a break. While not as far-reaching as the SBJSA, we do believe a few will help and they certainly seem to have more of a chance of getting passed in a timely fashion.
A new bill by Council Member Mark Levine of Upper Manhattan would help business owners fight evictions by guaranteeing them the right to counsel, as those facing criminal charges get when they’re poor, and poor tenants facing evictions from their homes get, too.
After months of speculation on where Amazon would decide to hold court, the online retail giant finally announced the locations of its headquarters, which will be split in two cities: Crystal City, Virginia and Long Island City in New York.
It didn’t take long before City Hall and nearly every politician in town crowed about Amazon’s promise to make at least 25,000 hires in positions paying an average of $150,000, after being promised up to $2.2 billion in state and city giveaways. Of course good-paying jobs are a benefit to New Yorkers. However, we still can’t help but feel the city has really turned its back on small businesses this time.
As the long-stalled effort to get the Small Business Jobs Survival Act passed proves, no one is afraid to parrot the real estate industry’s argument that the demise of mom-and-pops has more to do with online shopping than exorbitant rent. At the hearing for the SBJSA, a representative of the city’s Small Business Services agency argued against the bill, warning of “unintended consequences” like landlords being more hesitant to lease to small businesses.
Concerns were raised about newsstands that would compete with businesses they’re across from or block historic properties. (Photo by Maria Rocha-Buschel)
By Maria Rocha-Buschel
Newsstands are as much a part of street life in New York as bodegas and corner delis but after a recent influx of applications for new locations in the area, members of Community Board 6 have decided to revise the criteria for approving them in the district.
Protecting those existing delis and other small businesses is one of the reasons for the proposed changes to the criteria, said Andrew Gross, a member of the transportation committee who combed through the requirements that other boards in the city use to come up with changes for CB6.
“When there were applicants who wanted to put up newsstands in front of small businesses in the district, like bodegas and delis, it seemed like a competitive issue that could harm the pre-existing small businesses,” Gross said. “We’re not here to punish people for opening newsstands but this is a bit of an archaic system that hasn’t been updated in a while.”
Newsstands are ultimately approved by the Department of Consumer Affairs but potential operators are required to submit materials to the appropriate community board to give members an opportunity to comment on the application.
Just in case anyone was thinking that things are just too easy these days for proprietors of small businesses in this city, here is yet more proof that their problems are a lot bigger than Amazon and changing consumer preferences.
Many mom-and-pop shops, who already face an uphill battle thanks to the uncertainty of lease renewals, endless fees and fines from the city and rising rents, generally cannot afford to get tangled up in lengthy litigation battles. So it wasn’t surprising to learn that at least a couple of local businesses blinked when threatened by a potential lawsuit from a serial plaintiff charging discrimination against the disabled.
Access for wheelchair users and other people with mobility challenges is very much a real issue; one that is thankfully finally getting some attention thanks to a recent lawsuit that is trying to stop the L train shutdown.
That litigation has already successfully drawn attention to the willful ignoring of the needs of the disabled to get around the city on mass transit like anyone else. However, that isn’t what was filed by plaintiff Arik Matatov, a wheelchair-using man and his attorney, against dozens of small businesses in Manhattan, while, the New York Post revealed last week, he can actually walk.
Asia Market on Third Avenue (Photos by Sabina Mollot)
By Sabina Mollot
Last week, a disabled resident of Queens who was suing around 50 business over lack of access to him in his wheelchair was revealed to be able to walk in an article by the New York Post. The paper then went on to report that all the lawsuits were being dropped by the man’s attorney, Jeffrey Neiman, who claimed he had no idea that his client’s claims of being unable to walk weren’t legit.
Meanwhile, one of the businesses targeted by the plaintiff, Arik Matatov, was Asia Market, an Asian grocery store in Gramercy that closed on Tuesday. The store has been open for about a year on Third Avenue between East 18th and 19th Streets.
Reached by phone on Monday, a woman who introduced herself as one of the owners, said the lawsuit, despite having been reportedly dropped, was a factor in the decision to close.
Naomi Kwong said, “It is one of the reasons,” saying that she was first contacted by an attorney earlier this year with a Fed Exed complaint of inaccessibility. Thinking it seemed fishy, she then looked up Neiman and his client online and found information on what appeared to be a quickly drafted website that was created in January.
The new Target on East 14th Street (Photo by Sabina Mollot)
By Maria Rocha-Buschel
Popular chain store Target caused controversy at the opening of the new East Village store at the end of last month because of their homage to former dive bar and music club CBGB and ultimately apologized for the marketing stunt, the New York Times reported at the end of last week.
The new store opened on East 14th Street between Avenues A and B with grand opening festivities on the weekend of July 21 with a vinyl facade depicting tenements and old storefronts, including CBGB, with “TRGT” in the bar’s classic font on the temporary overhang.
Jeremiah Moss, whose blog Vanishing New York and book of the same name document gentrification in the city, called the display a “deplorable commodification of local neighborhood culture” and expressed disgust over the fake storefronts.
“The façade is draped in vinyl sheets printed with images of tenements, the same sort of buildings that get demolished to make room for such developments,” Moss wrote. “Here they sit, hollow movie-set shells, below the shiny windows of the high-end rentals. They are the dead risen from the grave, zombies enlisted to work for the corporation.”
Eliot Rabin at his Upper East Side shop for women (Photo by Sabina Mollot)
By Sabina Mollot
In June, Congress Member Carolyn Maloney will face off against fellow Democrat Suraj Patel, but already another opponent has joined the race, this one a Republican who’s gotten the backing of Manhattan GOP.
That candidate, who’s just getting started petitioning and organizing his campaign, is Eliot Rabin, also known to some as Peter Elliot, which is his retail business on the Upper East Side.
Rabin, who’s run upscale clothing boutiques in the neighborhood since the 1970s and worked in the fashion industry in other capacities even longer, was motivated to run for office after the latest high school shooting massacre.
“After Florida, I exploded,” he said, while sitting for an interview at his women’s boutique on Madison Avenue and 81st Street. “There’s a lack of moral courage in our government.”
Mayor Bill de Blasio signed legislation sponsored by Council Member Keith Powers that’s aimed at cracking down on sexual harassment on Wednesday, May 9. (Photo courtesy of Keith Powers)
By City Council Member Keith Powers
Most businesses in New York City are small businesses. Not just small, but really small: a whopping 62.8 percent of businesses in the city have just 1-4 employees, according to census data.
For this reason, I was surprised to discover that workers for New York City businesses with fewer than four employees had no legal protection from incidents of sexual harassment under New York City’s Human Rights Law.
That’s why I introduced my first piece of legislation in January to extend sexual harassment protection to all private employees in New York City regardless of their size. The protection already existed at the state level, but this law wasn’t already in place here. That means every single private employee wasn’t protected. It was important to address this oversight, especially given how many employees fall into this group.
Our country is experiencing a watershed moment as women and men speak up about their experiences of harassment, creating the era of #MeToo. As stories unfold and wrongdoings are revealed, cities and states are taking action to modernize laws and prevent any incidents in the future.
Council Member Carlina Rivera with with the bill’s supporters and its prime sponsor Council Member Ydanis Rodriguez at her left (Photo courtesy of Council Member Ydanis Rodriguez)
By Sabina Mollot
Small business activists are actively pushing for a hearing of the Small Business Jobs and Survival Act, which was reintroduced in the City Council in March under a new prime sponsor, Ydanis Rodriguez.
Representatives from various pro-SBJSA groups attended a hearing on the steps of City Hall last Wednesday, along with Rodriguez and fellow Council Member Carlina Rivera. Additionally, the coalition has continued to reach out to small businesses across the five boroughs as well as those who enjoy patronizing them, encouraging email to their local member of Council.
Harry Bubbins, East Village and special projects director of the Greenwich Village Society for Historic Preservation, said hundreds of email forms to council members were sent through the GVSHP’s website. Additionally, since the bill was reintroduced, 12 council members have signed on as sponsors.
“They are responding to their local constituents as well as the needs of the city, the obvious crisis of retail spaces in the city,” Bubbins said.
By Jessica Walker
A troubling situation taking place in Los Angeles should be setting off alarm bells across Manhattan, especially for small businesses. LA recently implemented a new system for handling trash pickup at businesses that, despite several years of planning, has resulted in skyrocketing bills and inefficient service.
This matters to Manhattan because the de Blasio administration is planning to implement a similar system right here in New York. You may not know that large businesses and commercial establishments in our city currently pay private carters to remove their garbage and recyclables and they rely on competitive bidding to get the best contracts. However, the mayor’s proposal would limit choice by allowing only one company to pick up commercial garbage and recyclables in each large geographic zone – with no input from the businesses themselves.
This plan would do away with the current competition that drives down prices and improves service from efficient and well-regulated private companies. What has happened in Los Angeles demonstrates just why this is so problematic.
The recent statements made by City Council Speaker Corey Johnson about wanting to see the Small Business Jobs Survival Act get a hearing, after being blocked for many years, should be encouraging news to anyone who owns a small business or enjoys patronizing them.
In this column, we’ve shared our support for this piece of legislation, which is aimed at getting commercial tenants an automatic lease extension when it’s time to renew despite some unexplained claims that it’s unconstitutional.
What we are asking now though is that the SBJSA finally get that hearing.
If council members continue to just talk about it (or not) then we really don’t see how they aren’t willfully ignoring the systematic annihilation of mom-and-pop shops.
What we don’t need is another study on why storefronts are vacant. We know perfectly well why. Amazon, while a game changer for sure, isn’t solely responsible for murdering brick and mortar stores. Astronomical rents and warehousing of retail spaces by speculative owners are still the biggest problems.
Suraj Patel (Photo by Sabina Mollot)
By Sabina Mollot
Congresswoman Carolyn Maloney, who’s easily held her seat for 25 years, will be facing two challengers in the June primary. One of them is Suraj Patel, an East Village resident and entrepreneur, who insists that it’s not the incumbent he’s challenging, but the status quo.
“People say competition is great for democracy, but technically it’s required for it to have any meaning,” he told Town & Village this week. “A lot of people ask, ‘Why are you challenging an incumbent?’ I’m challenging a party. I couldn’t wait my turn anymore.”
Patel, who’s also an attorney (though he doesn’t practice much), has some experience in politics, having worked as an advance associate for former President Barack Obama’s campaigns in 2008 and 2012. These days, he’s an assistant adjunct professor of business ethics at New York University’s Stern Business School and also hosts a lecture series on voting rights called “Talks on Law.” He also owns, with his family, Sun Group, a company that owns motel franchises around the country. At this time, he said there are 12 motels operated by the hospitality group, some of them with partners, though none are in New York City.
Council Member Carlina Rivera outside her district office in the East Village (Photo by Maria Rocha-Buschel)
By Maria Rocha-Buschel
Newly-elected City Council Member Carlina Rivera spoke with members of the community media in a round-table discussion this week, covering affordable housing, the plight of small businesses and the transit woes affecting District 2.
Rivera, who took over the seat from Rosie Mendez, who was term-limited after 12 years in office, previously worked with Mendez as her legislative director and is a long-time community activist working in the East Village and the Lower East Side.
One of the subjects she brought up was the new “tech hub” the city is planning on East 14th Street, and Rivera said she wants to make sure affordable housing is factored into the plan.
“In terms of the zoning, it’s going to be important to look at how we can incentivize affordable housing,” she said. “People are worried that this tech hub is going to be a purely commercial development and one of the most important things we need is affordable housing.”
Fruit, family and sacrifice
Adjacent to the Chase branch at the corner of First Avenue and 23rd Street an about 45-year-old man stands in front of a cart and sells the most delectable produce available in the area — at about half the cost which supermarkets and stores price them.
His name is Quddus and he is from Bangladesh. His fruit and vegetable enterprise is open from about 7:30 a.m. until 8 p.m. I have purchased his goods for a long time. This past Friday I bought 10 bananas, two pounds of green grapes, a carton of snow white mushrooms and a box of red ripe tomatoes. The cost: seven dollars.
Always polite but not effusive, if I don’t have cash because I have come to use my debit/credit card when buying almost anything, he trusts me. Working seven days a week, about 80 hours. Wow! I couldn’t even do it for one day. I wondered why he does this. So on Friday I said, “Do you have any children?” and “Do they go to school?” “Yes, one boy attends Queens College; the other is a senior in high school.”
Huascar Aquino, a winner of “Cupcake Wars,” in front of his Hell’s Kitchen bakery with Small Business Services Commissioner Gregg Bishop (Photo by Sabina Mollot)
By Sabina Mollot
The city is throwing a legal lifeline to mom-and-pops by offering free legal help to some small businesses to help them negotiate leases.
On Tuesday, Department of Small Business Services Commissioner Gregg Bishop, along with Council Member Robert Cornegy, announced the program, which will receive $2.4 million in funding over the next two years.
The program is expected to help 400 small business owners a year who couldn’t otherwise afford attorneys, but Bishop said it can grow if the demand for free legal help is higher than expected. Attorneys, who belong to organizations like the Urban Justice Center and Brooklyn Legal Services Corporation, will be assigned to individual businesses to help them resolve disputes before they end up in court. However, the attorneys, who are expected to provide an average of 40 hours of services per client, will not represent businesses in disputes that do end up in court.