Senate Bill S31A

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

                                  31--A
    Cal. No. 159

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. DeFRANCISCO, LARKIN -- read twice and ordered print-
  ed,  and  when  printed  to  be  committed  to the Committee on Social
  Services -- recommitted to the Committee on Social Services in accord-
  ance with Senate Rule 6,  sec.  8  --  reported  favorably  from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

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:

  Section 1. Section 143-b of the social services law, as added by chap-
ter 997 of the laws of 1962, subdivisions 5 and 6 as amended by  chapter
701 of the laws of 1965, is amended to read as follows:
  S 143-b. Avoidance of abuses in connection with rent checks.  1. When-
ever  a recipient of public assistance and care is eligible for or enti-
tled to receive aid or assistance in the form of a payment for or toward
the rental of any housing accommodations occupied by such  recipient  or
his  family,  such  payment  may  be made directly by the public welfare
department to the landlord.
  2. Every public welfare official shall have power to and may  withhold
the  payment  of  any  such rent in any case where he has knowledge that
there exists or there is outstanding any violation of law in 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. A report of each such violation shall be
made to the appropriate public welfare  department  by  the  appropriate
department or agency having jurisdiction over violations.

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

                                                           LBD01140-02-6

S. 31--A                            2

  2-A.  EVERY  PUBLIC  WELFARE  OFFICIAL MAY WITHHOLD THE PAYMENT OF ANY
SUCH RENT IN ANY CASE WHERE HE  HAS  KNOWLEDGE  THAT  THERE  EXISTS  ANY
LEGALLY  UNCONTESTED OUTSTANDING REAL PROPERTY TAXES LEVIED WITH RESPECT
TO THE REAL PROPERTY CONTAINING THE HOUSING ACCOMMODATIONS  OCCUPIED  BY
THE PERSON ENTITLED TO SUCH ASSISTANCE. INFORMATION RELATING TO ANY SUCH
PROPERTIES'  PAID  OR  UNPAID  REAL  PROPERTY  TAXES SHALL BE MADE, UPON
REQUEST, TO THE APPROPRIATE PUBLIC WELFARE DEPARTMENT BY THE APPROPRIATE
DEPARTMENT OR AGENCY HAVING JURISDICTION OVER SUCH PAYMENTS.
  3. Every public welfare official shall have the power to  initiate  or
to request the recipient to initiate before the appropriate housing rent
commission  any  proper  proceeding  for  the reduction of maximum rents
applicable to any housing accommodation occupied by a person entitled to
assistance in the form of a rent  payment  whenever  such  official  has
knowledge  that  essential  services  which  such  person is entitled to
receive are not being maintained by the landlord or have  been  substan-
tially reduced by the landlord.
  4.  The  public  welfare  department  may  obtain and maintain current
records of violations in buildings where welfare recipients reside which
relate to conditions which are dangerous, hazardous  or  detrimental  to
life or health, AND SUCH INFORMATION RELATING TO THE PAYMENT OR NON-PAY-
MENT  OF  REAL PROPERTY TAXES LEVIED UPON THE OWNER OF ANY REAL PROPERTY
CONTAINING HOUSING ACCOMMODATIONS  OCCUPIED  BY  A  PERSON  ENTITLED  TO
ASSISTANCE UNDER THIS SECTION.
  5. (a) It shall be a valid defense in any action or summary proceeding
against  a  welfare  recipient  for non-payment of rent to show existing
violations in the building wherein such welfare recipient resides  which
relate  to  conditions  which are dangerous, hazardous or detrimental to
life or health as the basis for non-payment.  IT SHALL ALSO BE  A  VALID
DEFENSE  IN  AN ACTION OR SUMMARY PROCEEDING AGAINST A WELFARE RECIPIENT
FOR NON-PAYMENT OF RENT UNDER THIS SECTION TO SHOW THAT THE OWNER OF THE
PROPERTY OCCUPIED BY A PERSON ENTITLED TO ASSISTANCE HAS LEGALLY  UNCON-
TESTED OUTSTANDING REAL PROPERTY TAXES CONNECTED TO SUCH PROPERTY AS THE
BASIS FOR NON-PAYMENT.
  (b)  In  any such action or proceeding the plaintiff or landlord shall
not be entitled to an order or judgment awarding him possession  of  the
premises  or providing for removal of the tenant, or to a money judgment
against the tenant, on the basis of non-payment of rent for  any  period
during  which  there  was  outstanding  any violation of law relating to
dangerous or hazardous conditions or conditions detrimental to  life  or
health,  OR  ON  THE BASIS OF NON-PAYMENT OF RENT UNDER THIS SECTION FOR
ANY PERIOD DURING WHICH THERE WERE LEGALLY UNCONTESTED OUTSTANDING  REAL
PROPERTY  TAXES CONNECTED TO THE OCCUPIED PROPERTY.  For the purposes of
this paragraph such violation of  law  shall  be  deemed  to  have  been
removed  and  no  longer  outstanding  upon  the date when the condition
constituting a violation was actually corrected, AND SUCH LEGALLY UNCON-
TESTED OUTSTANDING REAL PROPERTY TAXES SHALL BE DEEMED PAID UPON RECEIPT
OF PAYMENT, IN WHOLE OR IN PART SUBJECT TO AN AGREED TO PAYMENT PLAN, BY
THE APPROPRIATE DEPARTMENT  OR  AGENCY  HAVING  JURISDICTION  OVER  SUCH
PAYMENTS,  such  date  to  be  determined by the court upon satisfactory
proof submitted by the plaintiff or landlord.
  (c) The defenses provided herein in relation to an action or  proceed-
ing against a welfare recipient for non-payment of rent shall apply only
with  respect  to  violations,  OR  LEGALLY UNCONTESTED OUTSTANDING REAL
PROPERTY TAXES reported to the appropriate public welfare department  by
the   appropriate   department   or   agency  having  jurisdiction  over
violations, OR OUTSTANDING REAL PROPERTY TAXES.

S. 31--A                            3

  6. Nothing in this section shall prevent the public welfare department
from making provision for payment of the rent which was withheld  pursu-
ant  to  this  section  upon proof satisfactory to it that the condition
constituting a violation was  actually  corrected,  OR  THE  OUTSTANDING
TAXES  DUE  HAVE  BEEN  PAID,  OR ARE BEING PAID SUBJECT TO AN AGREED TO
PAYMENT PLAN.  Where rents were reduced by order of the appropriate rent
commission, the public welfare department may make provision for payment
of the reduced rent in conformity with such order.
  S 2. This act shall take effect immediately.