Senate Bill S5094

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5094

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  O. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Social Services

AN ACT to amend the social services law, in relation to the  withholding
  of rent checks for housing accommodations in the town of Islip, county
  of Suffolk, which do not comply with state and local building codes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 2  of  section  131-a  of  the
social  services  law,  as amended by chapter 87 of the laws of 1993, is
amended to read as follows:
  (b) In addition to the above,  the  standard  of  need  shall  include
amounts  for  shelter  and  fuel  for  heating,  amounts for home energy
payments  (including  amounts  for  supplemental  home  energy  grants),
amounts  for  additional  cost  of  meals  for persons who are unable to
prepare meals at home and amounts for other items when required by indi-
vidual case circumstances for which specific provision is otherwise made
in article five of this chapter. For purposes of determining the  amount
to be included in the standard of need for shelter and fuel for heating,
to  the  extent that federal reimbursement is available therefor, social
services officials shall include in the  household  any  child  who  has
entered  foster  care pursuant to section three hundred eighty-four-a of
this chapter who was eligible for and in receipt of assistance and  care
as  a  member of the household in and for the month of entry into foster
care and for whom the family service plan, as defined  in  section  four
hundred nine-e of this chapter, includes a goal of discharge to a member
of  the  household.    NOTWITHSTANDING ANY OTHER PROVISION OF THIS PARA-
GRAPH, THE PAYMENT OF ANY AMOUNT FOR SHELTER SHALL  BE  SUBJECT  TO  THE
PROVISIONS  OF  SUBDIVISION  TWO OF SECTION ONE HUNDRED FORTY-THREE-B OF
THIS TITLE.
  S 2. Subdivision 2 of section 143-b of the  social  services  law,  as
added by chapter 997 of the laws of 1962, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11062-02-9
              

S. 5094                             2

  2.  Every public welfare official shall have power to and may withhold
the payment of any such rent in any case where he OR SHE  has  knowledge
that there exists or there is outstanding any violation of law [in] WITH
respect  to  the building containing the housing accommodations occupied
by  the person entitled to such assistance which is dangerous, hazardous
or detrimental to life or health; PROVIDED, HOWEVER,  THAT  THE  COMMIS-
SIONER OF SOCIAL SERVICES FOR THE COUNTY OF SUFFOLK SHALL HAVE THE POWER
TO  AND  SHALL  WITHHOLD  THE PAYMENT OF ANY SUCH RENT IN ANY CASE WHERE
THERE EXISTS OR THERE IS OUTSTANDING ANY VIOLATION  OF  LAW,  THE  STATE
FIRE PREVENTION AND BUILDING CODE AND ANY LOCAL BUILDING CODE, INCLUDING
THE  REQUIREMENT  FOR A CERTIFICATE OF OCCUPANCY AND/OR A RENTAL PERMIT,
WITH RESPECT TO ANY BUILDING LOCATED IN THE TOWN OF ISLIP CONTAINING THE
HOUSING ACCOMMODATIONS OCCUPIED BY A PERSON ENTITLED TO SUCH ASSISTANCE.
A report of each such violation shall be made to the appropriate  public
welfare department by the appropriate department or agency having juris-
diction over violations.
  S 3. This act shall take effect immediately.