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This entry was published on 2014-09-22
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SECTION 143-B
Avoidance of abuses in connection with rent checks
Social Services (SOS) CHAPTER 55, ARTICLE 5, TITLE 1
§ 143-b. Avoidance of abuses in connection with rent checks. 1.
Whenever a recipient of public assistance and care is eligible for or
entitled 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.

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
substantially 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.

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.

(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. 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
proceeding 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 department
from making provision for payment of the rent which was withheld
pursuant to this section upon proof satisfactory to it that the
condition constituting a violation was actually corrected. 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.