Assembly Bill A7367

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7367
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 6, 2021
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Social Services
 
 AN ACT to amend the social services law, in relation to directing public
   welfare  officials  to  withhold rent from a landlord for violation of
   the warranty of habitability
 
   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] THEIR 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] with-
 hold the payment of any such rent in any case where [he has]  THEY  HAVE
 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] A VIOLATION OF THE WARRANTY
 OF HABITABILITY PURSUANT TO SECTION TWO  HUNDRED  THIRTY-FIVE-B  OF  THE
 REAL PROPERTY LAW.  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.
   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.
              

                                                            LBD11058-01-1

 A. 7367                             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]  SHALL 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] A VIOLATION OF THE WARRANTY OF HABITABIL-
 ITY PURSUANT TO SECTION TWO HUNDRED THIRTY-FIVE-B OF THE  REAL  PROPERTY
 LAW.
   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] A VIOLATION OF THE WARRANTY OF HABITABILITY PURSUANT  TO
 SECTION  TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY LAW 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] THEM 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]  A  VIOLATION  OF  THE  WARRANTY OF HABITABILITY PURSUANT TO
 SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY  LAW.    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  deter-
 mined 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 reported to the  appropriate  public  welfare
 department  by  the appropriate department or agency having jurisdiction
 over violations.
   6. [Nothing in this section shall prevent the public  welfare  depart-
 ment  from  making  provision for payment of the rent which was withheld
 pursuant to this section upon proof satisfactory to it that  the  condi-
 tion  constituting  a violation was actually corrected.] UPON RECEIPT BY
 THE PUBLIC WELFARE DEPARTMENT OF  PROOF  SATISFACTORY  TO  IT  THAT  THE
 CONDITION  CONSTITUTING  A  VIOLATION WAS ACTUALLY CORRECTED, THE PUBLIC
 WELFARE DEPARTMENT SHALL SEEK A DIMINUTION OF RENT  OWED  BASED  ON  THE
 PERIOD  OF TIME SUCH VIOLATION WAS OUTSTANDING. Where rents were reduced
 by order of the appropriate rent commission, the public welfare  depart-
 ment  [may]  SHALL  make  provision  for  payment of the reduced rent in
 conformity with such order.
   § 2. This act shall take effect immediately.