Making Sense of Outside Spending for the 35th City Council Seat

In July, I wrote about the entry of a real estate super PAC into the 35th City Council District race. Jobs For New York, an independent expenditure PAC formed by the Real Estate Board of New York and funded by prominent developers, had just put its footprint on this district by dropping five direct mail pieces in support of Laurie Cumbo’s campaign. As reported by the Times recently, the group has raised almost $7 million with the goal of electing City Council members in 17 races whom it hopes will continue the pro-business, pro-development policies of the Bloomberg administration. That gives Jobs for New York the ability to far outstrip the $168,000 a candidate is allowed to spend on his or her own campaign.

It’s been confusing for many to follow how that dynamic has unfolded in the 35th District. Prior to the J4NY mailings, at a June candidates forum Ms. Cumbo asked audience members “to make sure that you blow the whistle when you see candidates that are receiving that type of money, that you don't support candidates that are engaging in that type of activity. Because when you stop it, then that's when that type of activity ends, and we end the theory that money dictates the entire race.” Her campaign did not, however, issue any comment after J4NY’s first four mailers appeared in the district starting July 22. Following negative comments in blogs and press, Ms. Cumbo released a statement on July 30 criticizing J4NY’s tactics and asking the PAC “to immediately discontinue spending any independent funds in support of my campaign.” But she then went on to effectively accept J4NY’s endorsement, stating, “I thank JOBS NY for its excitement and belief in this campaign and I look forward to working with its various constituencies as your next City Council Member.”

At that time, according to The Real Deal, J4NY had spent over $79,000 promoting Ms. Cumbo. Since then, Ms. Cumbo has in interviews continued to call for J4NY to cease expenditures in support of her campaign, telling the Epoch Times, “It is something that has created an air of uncertainty in the political process and has done more damage.” However, far from respecting her request, J4NY has more than doubled its support. According to the Campaign Finance Board, by September 5, J4NY had expended $192,558 on Ms. Cumbo’s bid, nearly twice the $103,046 spent by her campaign itself. J4NY’s spending includes a new mailer dropped on Friday attacking two of Ms. Cumbo’s rivals, Olanike Alabi and Ede Fox. (Fittingly for a mailing funded by developers and landlords, the piece charges Ms. Alabi with non-payment of rent. The candidate promptly issued a statement explaining the charges relate to a rent dispute dating back six years settled in her favor by a State housing agency.)

How should we understand this situation? It’s easy to view Ms. Cumbo as an innocent victim of the city’s real estate lobby, singled out for its support without her consent. After all, she has also been targeted by attack ads (including a piece from Concerned Citizens of the 35th District connecting Ms. Cumbo with a "landlord group" and making the incongruous suggestion that if she is elected, property taxes will rise). The real issue, however, is that her impressive background as an arts entrepreneur unfortunately offers little clue as to how Ms. Cumbo might act towards developers if elected to City Council. Consider that former Park Slope Councilman and mayoral front runner, Bill de Blasio, continues to face criticism for talking tough about accountability and development, while having a record of acting in favor of real estate interests and against constituent opinion on project proposals before City government. Voters in the 35th District have just a few weeks of Ms. Cumbo’s varying public statements about J4NY to reflect on when deciding on their next City Council member. It may not be enough.

J4NY has been active in 17 of the 21 contested City Council races—most, but not all. It likely selected the 35th District due to the strong real estate market and rapid gentrification of Clinton Hill, Crown Heights, Fort Greene and Prospect Heights. Ms. Fox and Ms. Alabi each have years of history in local civics, politics and government that demonstrate advocacy on issues like affordable housing and the environment. It's not unreasonable to presume J4NY endorsed Ms. Cumbo on the basis of her having positions more favorable to business and development than her rivals. We can only guess how J4NY’s rejection of Ms. Cumbo’s request that it discontinue its support for her campaign may reflect on her ability to “work with” its members if she is elected. 

An air of uncertainty, indeed.

(Disclosure: I have contributed to the City Council campaign of Ms. Fox, as well as to Ms. Alabi’s previous campaign for 52nd District Leader.)