STATE OF NEW YORK
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1244--A
2015-2016 Regular Sessions
IN ASSEMBLY
January 8, 2015
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Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Social Services -- recommitted to the Committee on Social
Services in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the social services law, in relation to authorizing
public welfare officials to withhold rent from a landlord when real
estate taxes for the rental property are unpaid
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 family, such payment may be made directly by the public welfare
9 department to the landlord.
10 2. Every public welfare official shall have power to and may withhold
11 the payment of any such rent in any case where he has knowledge that
12 there exists or there is outstanding any violation of law in respect to
13 the building containing the housing accommodations occupied by the
14 person entitled to such assistance which is dangerous, hazardous or
15 detrimental to life or health. A report of each such violation shall be
16 made to the appropriate public welfare department by the appropriate
17 department or agency having jurisdiction over violations.
18 2-a. Every public welfare official may withhold the payment of any
19 such rent in any case where he has knowledge that there exists any
20 legally uncontested outstanding real property taxes levied with respect
21 to the real property containing the housing accommodations occupied by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01140-03-6
A. 1244--A 2
1 the person entitled to such assistance. Information relating to any such
2 properties' paid or unpaid real property taxes shall be made, upon
3 request, to the appropriate public welfare department by the appropriate
4 department or agency having jurisdiction over such payments.
5 3. Every public welfare official shall have the power to initiate or
6 to request the recipient to initiate before the appropriate housing rent
7 commission any proper proceeding for the reduction of maximum rents
8 applicable to any housing accommodation occupied by a person entitled to
9 assistance in the form of a rent payment whenever such official has
10 knowledge that essential services which such person is entitled to
11 receive are not being maintained by the landlord or have been substan-
12 tially reduced by the landlord.
13 4. The public welfare department may obtain and maintain current
14 records of violations in buildings where welfare recipients reside which
15 relate to conditions which are dangerous, hazardous or detrimental to
16 life or health, and such information relating to the payment or non-pay-
17 ment of real property taxes levied upon the owner of any real property
18 containing housing accommodations occupied by a person entitled to
19 assistance under this section.
20 5. (a) It shall be a valid defense in any action or summary proceeding
21 against a welfare recipient for non-payment of rent to show existing
22 violations in the building wherein such welfare recipient resides which
23 relate to conditions which are dangerous, hazardous or detrimental to
24 life or health as the basis for non-payment. It shall also be a valid
25 defense in an action or summary proceeding against a welfare recipient
26 for non-payment of rent under this section to show that the owner of the
27 property occupied by a person entitled to assistance has legally uncon-
28 tested outstanding real property taxes connected to such property as the
29 basis for non-payment.
30 (b) In any such action or proceeding the plaintiff or landlord shall
31 not be entitled to an order or judgment awarding him possession of the
32 premises or providing for removal of the tenant, or to a money judgment
33 against the tenant, on the basis of non-payment of rent for any period
34 during which there was outstanding any violation of law relating to
35 dangerous or hazardous conditions or conditions detrimental to life or
36 health, or on the basis of non-payment of rent under this section for
37 any period during which there were legally uncontested outstanding real
38 property taxes connected to the occupied property. For the purposes of
39 this paragraph such violation of law shall be deemed to have been
40 removed and no longer outstanding upon the date when the condition
41 constituting a violation was actually corrected, and such legally uncon-
42 tested outstanding real property taxes shall be deemed paid upon receipt
43 of payment, in whole or in part subject to an agreed to payment plan, by
44 the appropriate department or agency having jurisdiction over such
45 payments, such date to be determined by the court upon satisfactory
46 proof submitted by the plaintiff or landlord.
47 (c) The defenses provided herein in relation to an action or proceed-
48 ing against a welfare recipient for non-payment of rent shall apply only
49 with respect to violations, or legally uncontested outstanding real
50 property taxes reported to the appropriate public welfare department by
51 the appropriate department or agency having jurisdiction over
52 violations, or outstanding real property taxes.
53 6. Nothing in this section shall prevent the public welfare department
54 from making provision for payment of the rent which was withheld pursu-
55 ant to this section upon proof satisfactory to it that the condition
56 constituting a violation was actually corrected, or the outstanding
A. 1244--A 3
1 taxes due have been paid, or are being paid subject to an agreed to
2 payment plan. Where rents were reduced by order of the appropriate rent
3 commission, the public welfare department may make provision for payment
4 of the reduced rent in conformity with such order.
5 § 2. This act shall take effect immediately.