S T A T E O F N E W Y O R K
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7041
2011-2012 Regular Sessions
I N A S S E M B L Y
April 11, 2011
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Introduced by M. of A. THIELE, BOYLE, MURRAY, RAMOS -- read once and
referred to the Committee on Social Services
AN ACT to amend the social services law, in relation to landlords of
housing accommodations occupied by recipients of public assistance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding a new section
131-aaa to read as follows:
S 131-AAA. REPORTS BY LANDLORDS. 1. THE OWNER OF A BUILDING LOCATED
WITHIN SUFFOLK COUNTY CONTAINING THE HOUSING ACCOMMODATIONS INTO WHICH
THE RECIPIENT OF PUBLIC ASSISTANCE AND CARE INTENDS TO MOVE SHALL FILE
WITH THE LOCAL DEPARTMENT OF SOCIAL SERVICES A VERIFIED STATEMENT IN A
FORM TO BE PROVIDED BY THE LOCAL DEPARTMENT OF SOCIAL SERVICES THAT SUCH
BUILDING CONTAINING THE HOUSING ACCOMMODATIONS MEETS ALL APPLICABLE
BUILDING CODES, ORDINANCES AND REGULATIONS OF THE MUNICIPALITY IN WHICH
SUCH BUILDING IS LOCATED.
2. THE VERIFIED STATEMENT SHALL BE SIGNED BY THE OWNER BEFORE A NOTARY
PUBLIC OF THE STATE AND SUCH SWORN STATEMENT SHALL BE FILED WITH THE
LOCAL COMMISSIONER OF SOCIAL SERVICES PRIOR TO ANY PAYMENT BEING MADE BY
OR ON BEHALF OF THE LOCAL DEPARTMENT OF SOCIAL SERVICES, REGARDLESS OF
WHETHER SUCH PAYMENT IS MADE DIRECTLY TO THE LANDLORD OR SUCH PAYMENT IS
MADE TO THE TENANT FOR PAYMENT OF RENT.
3. SIX MONTHS FOLLOWING THE DATE OF THE PAYMENT MADE UNDER SUBDIVISION
TWO OF THIS SECTION AND EVERY SIX MONTHS THEREAFTER, THE CURRENT OWNER
OF ANY BUILDING LOCATED WITHIN SUFFOLK COUNTY CONTAINING THE HOUSING
ACCOMMODATIONS INTO WHICH THE RECIPIENT OF PUBLIC ASSISTANCE AND CARE IS
RESIDING SHALL FILE A VERIFIED STATEMENT THAT SAID BUILDING IS IN
COMPLIANCE WITH BUILDING CODES, ORDINANCES AND REGULATIONS OF THE MUNI-
CIPALITY IN WHICH SUCH BUILDING IS LOCATED.
4. THE LOCAL DEPARTMENT OF SOCIAL SERVICES IS HEREBY AUTHORIZED TO
WITHHOLD PUBLIC ASSISTANCE PAYMENTS TO A LANDLORD OR TO ANY OTHER PERSON
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10776-01-1
A. 7041 2
FOR OR TOWARD THE RENTAL OF ANY HOUSING ACCOMMODATIONS OCCUPIED BY
RECIPIENTS OF PUBLIC ASSISTANCE AND CARE, OR HIS OR HER FAMILY, IN ANY
INSTANCES IN WHICH THE OWNER HAS FAILED TO FILE ANY OF THE STATEMENTS
REQUIRED BY THIS SECTION.
5. IN ADDITION TO THE REMEDIES PROVIDED IN SUBDIVISION FOUR OF THIS
SECTION AND IN ADDITION TO ANY OTHER PENALTY THAT MAY BE AVAILABLE UNDER
THE LAWS OF THE STATE, ANY OWNER OF A BUILDING LOCATED WITHIN SUFFOLK
COUNTY CONTAINING THE HOUSING ACCOMMODATIONS INTO WHICH THE RECIPIENT OF
PUBLIC ASSISTANCE AND CARE IS AN OCCUPANT, WHO HAS FAILED TO FULLY
COMPLY WITH THIS SECTION, INCLUDING BUT NOT LIMITED TO THE OBLIGATION TO
MAKE TIMELY FILINGS, SHALL BE SUBJECT TO A FINE OF UP TO FIVE THOUSAND
DOLLARS.
6. THE LANDLORD OF A BUILDING DEEMED OUT OF COMPLIANCE WITH ANY BUILD-
ING CODES, ORDINANCES OR REGULATIONS OF THE LOCALITY, DUE SOLELY TO
ACTIONS TAKEN BY THE TENANT OR OCCUPANT RECIPIENT OF PUBLIC ASSISTANCE
AND CARE WILL BE HELD HARMLESS PROVIDED THE LANDLORD: (A) REMEDIES THE
VIOLATION WITHIN THIRTY DAYS; AND (B) REISSUES A NEW NOTARIZED VERIFIED
STATEMENT THAT THE BUILDING IS IN COMPLIANCE WITH ALL LAWS. THE TRIGGER-
ING OF THIS SUBDIVISION WILL NOT EXTEND THE DEADLINE FOR FILING VERIFIED
STATEMENTS UNDER SUBDIVISION THREE OF THIS SECTION.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.