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General Election

ELECTION WAS NOV 3

NY AssemblyAssembly District 38

Incumbent ousted in primary; workers' rights attorney faces small business owner

Democrat David Orkin, an immigrant workers' rights attorney, defeated Assembly member Jenifer Rajkumar in the June 23 primary with 58.8% of the vote. Republican Ruben D. Cruz II, a small business owner who ran for Assembly District 24 in 2024, advanced after his party's primary was canceled.

OverviewIssuesMoney
Issues

2 issues · 2 candidates · every claim sourced

Housing costs, tenants and homeowners

Central to the race

State law and the state budget shape rents, tenant protections, public housing funding and the legal protections homeowners have; the open questions are how the state should protect tenants and homeowners and whether it should build and finance housing itself.

2 of 2 on record
DO

David Orkin

Wants a Social Housing Development Authority to build permanently affordable, union-built housing, full funding for NYCHA and an expanded Housing Access Voucher Program. Also backs stronger Good Cause Eviction protections statewide, a right to counsel for tenants in housing court and tenants' first right to buy their buildings.

David Orkin campaign website — platform ↗
RC

Ruben D. Cruz II

Supports legislation making it illegal to place secret liens on residential property, and wants people over 62 to have a legal right to stay in their homes with their pets.

Ballotpedia — Ruben Cruz II, 2026 Candidate Connection survey ↗

Transit service and MTA spending

Central to the race

The open questions are where state transit money for this part of Queens should go, such as lower fares, free buses and new or restored rail links, and how closely the MTA's spending of taxpayer money should be audited.

2 of 2 on record
RC

Ruben D. Cruz II

Supports a rigorous audit of the MTA to make sure taxpayer funding goes to closing gaps in transit service.

Ballotpedia — Ruben Cruz II, 2026 Candidate Connection survey ↗
DO

David Orkin

Wants the Fix the MTA package to freeze fares and expand the free bus pilot, and backs building the QueensLink and restoring the abandoned Woodhaven Junction LIRR station. Also wants LIRR fares within the city lowered to the standard subway fare, with free transfers.

David Orkin campaign website — platform ↗