S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1874
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Social Services
 
 AN ACT to amend the social services  law,  in  relation  to  authorizing
   public  welfare  officials  to withhold rent from a landlord when real
   estate taxes for the rental property are unpaid

   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 OR HER 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 OR SHE  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.
   2-A. EVERY PUBLIC WELFARE OFFICIAL MAY WITHHOLD  THE  PAYMENT  OF  ANY
 SUCH  RENT  IN  ANY CASE WHERE HE OR SHE HAS KNOWLEDGE THAT THERE EXISTS
 ANY LEGALLY UNCONTESTED OUTSTANDING  REAL  PROPERTY  TAXES  LEVIED  WITH
 RESPECT TO THE REAL PROPERTY CONTAINING THE HOUSING ACCOMMODATIONS OCCU-
 PIED  BY THE PERSON ENTITLED TO SUCH ASSISTANCE. INFORMATION RELATING TO
 ANY SUCH PROPERTIES' PAID OR UNPAID REAL PROPERTY TAXES SHALL  BE  MADE,
 UPON REQUEST, TO THE APPROPRIATE PUBLIC WELFARE DEPARTMENT BY THE APPRO-
 PRIATE DEPARTMENT OR AGENCY HAVING JURISDICTION OVER SUCH PAYMENTS.
   3.  Every  public welfare official shall have the power to initiate or
 to request the recipient to initiate before the appropriate housing rent
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01884-01-9

 A. 1874                             2
 
 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  substan-
 tially 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, AND SUCH INFORMATION RELATING TO THE PAYMENT OR NON-PAY-
 MENT  OF  REAL PROPERTY TAXES LEVIED UPON THE OWNER OF ANY REAL PROPERTY
 CONTAINING HOUSING ACCOMMODATIONS  OCCUPIED  BY  A  PERSON  ENTITLED  TO
 ASSISTANCE UNDER THIS SECTION.
   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.  IT SHALL ALSO BE  A  VALID
 DEFENSE  IN  AN ACTION OR SUMMARY PROCEEDING AGAINST A WELFARE RECIPIENT
 FOR NON-PAYMENT OF RENT UNDER THIS SECTION TO SHOW THAT THE OWNER OF THE
 PROPERTY OCCUPIED BY A PERSON ENTITLED TO ASSISTANCE HAS LEGALLY  UNCON-
 TESTED OUTSTANDING REAL PROPERTY TAXES CONNECTED TO SUCH PROPERTY 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 OR  HER  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, OR ON THE BASIS OF NON-PAYMENT OF RENT UNDER THIS SECTION FOR
 ANY PERIOD DURING WHICH THERE WERE LEGALLY UNCONTESTED OUTSTANDING  REAL
 PROPERTY  TAXES CONNECTED TO THE OCCUPIED PROPERTY.  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, AND SUCH LEGALLY UNCON-
 TESTED OUTSTANDING REAL PROPERTY TAXES SHALL BE DEEMED PAID UPON RECEIPT
 OF PAYMENT, IN WHOLE OR IN PART SUBJECT TO AN AGREED TO PAYMENT PLAN, BY
 THE APPROPRIATE DEPARTMENT  OR  AGENCY  HAVING  JURISDICTION  OVER  SUCH
 PAYMENTS,  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  proceed-
 ing against a welfare recipient for non-payment of rent shall apply only
 with  respect  to  violations,  OR  LEGALLY UNCONTESTED OUTSTANDING REAL
 PROPERTY TAXES reported to the appropriate public welfare department  by
 the   appropriate   department   or   agency  having  jurisdiction  over
 violations, OR OUTSTANDING REAL PROPERTY TAXES.
   6. Nothing in this section shall prevent the public welfare department
 from making provision for payment of the rent which was withheld  pursu-
 ant  to  this  section  upon proof satisfactory to it that the condition
 constituting a violation was  actually  corrected,  OR  THE  OUTSTANDING
 TAXES  DUE  HAVE  BEEN  PAID,  OR ARE BEING PAID SUBJECT TO AN AGREED TO
 PAYMENT PLAN.  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.
   § 2. This act shall take effect immediately.