Bill Text: NY A00678 | 2023-2024 | General Assembly | Introduced

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Bill Title: Directs public welfare officials to withhold rent from a landlord for violation of the warranty of habitability; directs public welfare officials to seek a diminution of rent owed based on the duration of such violation.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-01-03 - referred to social services [A00678 Detail]

Download: New_York-2023-A00678-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           678

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced by M. of A. HUNTER -- read once and referred to the Committee
          on Social Services

        AN ACT to amend the social services law, in relation to directing public
          welfare  officials  to  withhold rent from a landlord for violation of
          the warranty of habitability

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 143-b of the social services law, as added by chap-
     2  ter  997 of the laws of 1962, subdivisions 5 and 6 as amended by chapter
     3  701 of the laws of 1965, is amended to read as follows:
     4    § 143-b. Avoidance of abuses in connection with rent checks.  1. When-
     5  ever a recipient of public assistance and care is eligible for or  enti-
     6  tled to receive aid or assistance in the form of a payment for or toward
     7  the  rental  of any housing accommodations occupied by such recipient or
     8  [his] their family, such payment may be  made  directly  by  the  public
     9  welfare department to the landlord.
    10    2.  Every  public welfare official shall [have power to and may] with-
    11  hold the payment of any such rent in any case where [he has]  they  have
    12  knowledge that there exists or there is outstanding any violation of law
    13  in  respect  to the building containing the housing accommodations occu-
    14  pied by the person entitled to  such  assistance  which  is  [dangerous,
    15  hazardous  or detrimental to life or health] a violation of the warranty
    16  of habitability pursuant to section two  hundred  thirty-five-b  of  the
    17  real property law.  A report of each such violation shall be made to the
    18  appropriate  public  welfare department by the appropriate department or
    19  agency having jurisdiction over violations.
    20    3. Every public welfare official shall [have the power to] initiate or
    21  [to] request the recipient to initiate before  the  appropriate  housing
    22  rent commission any proper proceeding for the reduction of maximum rents
    23  applicable to any housing accommodation occupied by a person entitled to
    24  assistance  in  the  form  of  a rent payment whenever such official has

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03369-01-3
        A. 678                              2

     1  knowledge that essential services  which  such  person  is  entitled  to
     2  receive  are  not being maintained by the landlord or have been substan-
     3  tially reduced by the landlord.
     4    4.  The  public  welfare  department  [may]  shall obtain and maintain
     5  current records of violations  in  buildings  where  welfare  recipients
     6  reside  which  relate  to  conditions which are [dangerous, hazardous or
     7  detrimental to life or health] a violation of the warranty of habitabil-
     8  ity pursuant to section two hundred thirty-five-b of the  real  property
     9  law.
    10    5. (a) It shall be a valid defense in any action or summary proceeding
    11  against  a  welfare  recipient  for non-payment of rent to show existing
    12  violations in the building wherein such welfare recipient resides  which
    13  relate  to  conditions which are [dangerous, hazardous or detrimental to
    14  life or health] a violation of the warranty of habitability pursuant  to
    15  section  two hundred thirty-five-b of the real property law as the basis
    16  for non-payment.
    17    (b) In any such action or proceeding the plaintiff or  landlord  shall
    18  not  be  entitled to an order or judgment awarding [him] them possession
    19  of the premises or providing for removal of the tenant, or  to  a  money
    20  judgment against the tenant, on the basis of non-payment of rent for any
    21  period  during which there was outstanding any violation of law relating
    22  to [dangerous or hazardous conditions or conditions detrimental to  life
    23  or  health]  a  violation  of  the  warranty of habitability pursuant to
    24  section two hundred thirty-five-b of the real property  law.    For  the
    25  purposes of this paragraph such violation of law shall be deemed to have
    26  been  removed and no longer outstanding upon the date when the condition
    27  constituting a violation was actually corrected, such date to be  deter-
    28  mined by the court upon satisfactory proof submitted by the plaintiff or
    29  landlord.
    30    (c)  The defenses provided herein in relation to an action or proceed-
    31  ing against a welfare recipient for non-payment of rent shall apply only
    32  with respect to violations reported to the  appropriate  public  welfare
    33  department  by  the appropriate department or agency having jurisdiction
    34  over violations.
    35    6. [Nothing in this section shall prevent the public  welfare  depart-
    36  ment  from  making  provision for payment of the rent which was withheld
    37  pursuant to this section upon proof satisfactory to it that  the  condi-
    38  tion  constituting  a violation was actually corrected.] Upon receipt by
    39  the public welfare department of  proof  satisfactory  to  it  that  the
    40  condition  constituting  a  violation was actually corrected, the public
    41  welfare department shall seek a diminution of rent  owed  based  on  the
    42  period  of time such violation was outstanding. Where rents were reduced
    43  by order of the appropriate rent commission, the public welfare  depart-
    44  ment  [may]  shall  make  provision  for  payment of the reduced rent in
    45  conformity with such order.
    46    § 2. This act shall take effect immediately.