Bill Text: NY A00678 | 2023-2024 | General Assembly | Introduced
Bill Title: Directs public welfare officials to withhold rent from a landlord for violation of the warranty of habitability; directs public welfare officials to seek a diminution of rent owed based on the duration of such violation.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2024-01-03 - referred to social services [A00678 Detail]
Download: New_York-2023-A00678-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 678 2023-2024 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Section 143-b of the social services law, as added by chap- 2 ter 997 of the laws of 1962, subdivisions 5 and 6 as amended by chapter 3 701 of the laws of 1965, is amended to read as follows: 4 § 143-b. Avoidance of abuses in connection with rent checks. 1. When- 5 ever a recipient of public assistance and care is eligible for or enti- 6 tled to receive aid or assistance in the form of a payment for or toward 7 the rental of any housing accommodations occupied by such recipient or 8 [his] their family, such payment may be made directly by the public 9 welfare department to the landlord. 10 2. Every public welfare official shall [have power to and may] with- 11 hold the payment of any such rent in any case where [he has] they have 12 knowledge that there exists or there is outstanding any violation of law 13 in respect to the building containing the housing accommodations occu- 14 pied by the person entitled to such assistance which is [dangerous,15hazardous or detrimental to life or health] a violation of the warranty 16 of habitability pursuant to section two hundred thirty-five-b of the 17 real property law. A report of each such violation shall be made to the 18 appropriate public welfare department by the appropriate department or 19 agency having jurisdiction over violations. 20 3. Every public welfare official shall [have the power to] initiate or 21 [to] request the recipient to initiate before the appropriate housing 22 rent commission any proper proceeding for the reduction of maximum rents 23 applicable to any housing accommodation occupied by a person entitled to 24 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. LBD03369-01-3A. 678 2 1 knowledge that essential services which such person is entitled to 2 receive are not being maintained by the landlord or have been substan- 3 tially reduced by the landlord. 4 4. The public welfare department [may] shall obtain and maintain 5 current records of violations in buildings where welfare recipients 6 reside which relate to conditions which are [dangerous, hazardous or7detrimental to life or health] a violation of the warranty of habitabil- 8 ity pursuant to section two hundred thirty-five-b of the real property 9 law. 10 5. (a) It shall be a valid defense in any action or summary proceeding 11 against a welfare recipient for non-payment of rent to show existing 12 violations in the building wherein such welfare recipient resides which 13 relate to conditions which are [dangerous, hazardous or detrimental to14life or health] a violation of the warranty of habitability pursuant to 15 section two hundred thirty-five-b of the real property law as the basis 16 for non-payment. 17 (b) In any such action or proceeding the plaintiff or landlord shall 18 not be entitled to an order or judgment awarding [him] them possession 19 of the premises or providing for removal of the tenant, or to a money 20 judgment against the tenant, on the basis of non-payment of rent for any 21 period during which there was outstanding any violation of law relating 22 to [dangerous or hazardous conditions or conditions detrimental to life23or health] a violation of the warranty of habitability pursuant to 24 section two hundred thirty-five-b of the real property law. For the 25 purposes of this paragraph such violation of law shall be deemed to have 26 been removed and no longer outstanding upon the date when the condition 27 constituting a violation was actually corrected, such date to be deter- 28 mined by the court upon satisfactory proof submitted by the plaintiff or 29 landlord. 30 (c) The defenses provided herein in relation to an action or proceed- 31 ing against a welfare recipient for non-payment of rent shall apply only 32 with respect to violations reported to the appropriate public welfare 33 department by the appropriate department or agency having jurisdiction 34 over violations. 35 6. [Nothing in this section shall prevent the public welfare depart-36ment from making provision for payment of the rent which was withheld37pursuant to this section upon proof satisfactory to it that the condi-38tion constituting a violation was actually corrected.] Upon receipt by 39 the public welfare department of proof satisfactory to it that the 40 condition constituting a violation was actually corrected, the public 41 welfare department shall seek a diminution of rent owed based on the 42 period of time such violation was outstanding. Where rents were reduced 43 by order of the appropriate rent commission, the public welfare depart- 44 ment [may] shall make provision for payment of the reduced rent in 45 conformity with such order. 46 § 2. This act shall take effect immediately.
