S T A T E O F N E W Y O R K
________________________________________________________________________
678
2023-2024 Regular Sessions
I N A S S E M B L Y
January 11, 2023
___________
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.
LBD03369-01-3
A. 678 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.