Senate Bill S6347

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6347
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  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 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

 S. 6347                             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.