S T A T E   O F   N E W   Y O R K
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                                  7041

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 11, 2011
                               ___________

Introduced  by  M.  of  A. THIELE, BOYLE, MURRAY, RAMOS -- read once and
  referred to the Committee on Social Services

AN ACT to amend the social services law, in  relation  to  landlords  of
  housing accommodations occupied by recipients of public assistance

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The social services law is amended by adding a new  section
131-aaa to read as follows:
  S  131-AAA.  REPORTS  BY LANDLORDS. 1. THE OWNER OF A BUILDING LOCATED
WITHIN SUFFOLK COUNTY CONTAINING THE HOUSING ACCOMMODATIONS  INTO  WHICH
THE  RECIPIENT  OF PUBLIC ASSISTANCE AND CARE INTENDS TO MOVE SHALL FILE
WITH THE LOCAL DEPARTMENT OF SOCIAL SERVICES A VERIFIED STATEMENT  IN  A
FORM TO BE PROVIDED BY THE LOCAL DEPARTMENT OF SOCIAL SERVICES THAT SUCH
BUILDING  CONTAINING  THE  HOUSING  ACCOMMODATIONS  MEETS ALL APPLICABLE
BUILDING CODES, ORDINANCES AND REGULATIONS OF THE MUNICIPALITY IN  WHICH
SUCH BUILDING IS LOCATED.
  2. THE VERIFIED STATEMENT SHALL BE SIGNED BY THE OWNER BEFORE A NOTARY
PUBLIC  OF  THE  STATE  AND SUCH SWORN STATEMENT SHALL BE FILED WITH THE
LOCAL COMMISSIONER OF SOCIAL SERVICES PRIOR TO ANY PAYMENT BEING MADE BY
OR ON BEHALF OF THE LOCAL DEPARTMENT OF SOCIAL SERVICES,  REGARDLESS  OF
WHETHER SUCH PAYMENT IS MADE DIRECTLY TO THE LANDLORD OR SUCH PAYMENT IS
MADE TO THE TENANT FOR PAYMENT OF RENT.
  3. SIX MONTHS FOLLOWING THE DATE OF THE PAYMENT MADE UNDER SUBDIVISION
TWO  OF  THIS SECTION AND EVERY SIX MONTHS THEREAFTER, THE CURRENT OWNER
OF ANY BUILDING LOCATED WITHIN SUFFOLK  COUNTY  CONTAINING  THE  HOUSING
ACCOMMODATIONS INTO WHICH THE RECIPIENT OF PUBLIC ASSISTANCE AND CARE IS
RESIDING  SHALL  FILE  A  VERIFIED  STATEMENT  THAT  SAID BUILDING IS IN
COMPLIANCE WITH BUILDING CODES, ORDINANCES AND REGULATIONS OF THE  MUNI-
CIPALITY IN WHICH SUCH BUILDING IS LOCATED.
  4.  THE  LOCAL  DEPARTMENT  OF SOCIAL SERVICES IS HEREBY AUTHORIZED TO
WITHHOLD PUBLIC ASSISTANCE PAYMENTS TO A LANDLORD OR TO ANY OTHER PERSON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10776-01-1
              

A. 7041                             2

FOR OR TOWARD THE RENTAL  OF  ANY  HOUSING  ACCOMMODATIONS  OCCUPIED  BY
RECIPIENTS  OF  PUBLIC ASSISTANCE AND CARE, OR HIS OR HER FAMILY, IN ANY
INSTANCES IN WHICH THE OWNER HAS FAILED TO FILE ANY  OF  THE  STATEMENTS
REQUIRED BY THIS SECTION.
  5.  IN  ADDITION  TO THE REMEDIES PROVIDED IN SUBDIVISION FOUR OF THIS
SECTION AND IN ADDITION TO ANY OTHER PENALTY THAT MAY BE AVAILABLE UNDER
THE LAWS OF THE STATE, ANY OWNER OF A BUILDING  LOCATED  WITHIN  SUFFOLK
COUNTY CONTAINING THE HOUSING ACCOMMODATIONS INTO WHICH THE RECIPIENT OF
PUBLIC  ASSISTANCE  AND  CARE  IS  AN  OCCUPANT, WHO HAS FAILED TO FULLY
COMPLY WITH THIS SECTION, INCLUDING BUT NOT LIMITED TO THE OBLIGATION TO
MAKE TIMELY FILINGS, SHALL BE SUBJECT TO A FINE OF UP TO  FIVE  THOUSAND
DOLLARS.
  6. THE LANDLORD OF A BUILDING DEEMED OUT OF COMPLIANCE WITH ANY BUILD-
ING  CODES,  ORDINANCES  OR  REGULATIONS  OF THE LOCALITY, DUE SOLELY TO
ACTIONS TAKEN BY THE TENANT OR OCCUPANT RECIPIENT OF  PUBLIC  ASSISTANCE
AND  CARE  WILL BE HELD HARMLESS PROVIDED THE LANDLORD: (A) REMEDIES THE
VIOLATION WITHIN THIRTY DAYS; AND (B) REISSUES A NEW NOTARIZED  VERIFIED
STATEMENT THAT THE BUILDING IS IN COMPLIANCE WITH ALL LAWS. THE TRIGGER-
ING OF THIS SUBDIVISION WILL NOT EXTEND THE DEADLINE FOR FILING VERIFIED
STATEMENTS UNDER SUBDIVISION THREE OF THIS SECTION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.