Senate Bill S7051

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7051
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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 allowing  public
   welfare  officials  to  withhold  payment of rent to landlords who owe
   delinquent tax liabilities to local municipalities,  school  districts
   or counties
 
   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:
   § 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]  RECIPIENT'S  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] SUCH OFFICIAL has
 knowledge that there exists or there is outstanding any violation of law
 in respect to the building containing the housing  accommodations  occu-
 pied  by  the  person  entitled  to  such assistance which is dangerous,
 hazardous [or], detrimental to life or health, OR WHERE THE LANDLORD  OF
 SUCH  HOUSING  ACCOMMODATIONS  OWES  DELINQUENT TAX LIABILITIES TO LOCAL
 MUNICIPALITIES, SCHOOL DISTRICTS OR COUNTIES.  A  report  of  each  such
 violation  OR  DELINQUENT TAX LIABILITY shall be made to the appropriate
 public welfare department by the appropriate department or agency having
 jurisdiction over SUCH violations OR DELINQUENT TAX LIABILITIES.
   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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13371-01-7

 S. 7051                             2
 
 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, OR WHERE THE LANDLORD  OF  SUCH  HOUSING  ACCOMMODATIONS
 OWES   DELINQUENT   TAX  LIABILITIES  TO  LOCAL  MUNICIPALITIES,  SCHOOL
 DISTRICTS OR COUNTIES.
   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, OR THE LANDLORD  OF  SUCH  HOUSING  ACCOMMODATIONS  OWES
 DELINQUENT  TAX LIABILITIES TO LOCAL MUNICIPALITIES, SCHOOL DISTRICTS OR
 COUNTIES 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 THE LANDLORD OF SUCH HOUSING  ACCOMMODATIONS  OWED  DELINQUENT
 TAX  LIABILITIES  TO LOCAL MUNICIPALITIES, SCHOOL DISTRICTS OR COUNTIES.
 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, 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 DELINQUENT TAX LIABILITIES reported to the
 appropriate public welfare department by the appropriate  department  or
 agency  having  jurisdiction  over  SUCH  violations  OR  DELINQUENT TAX
 LIABILITIES.
   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  DELINQUENT  TAX
 LIABILITIES  OWED  TO LOCAL MUNICIPALITIES, SCHOOL DISTRICTS OR COUNTIES
 WERE PAID.  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.
   § 2. This act shall take effect immediately.