S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4523
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. MORINELLO, B. MILLER, ASHBY, McDONOUGH, SMULLEN,
   SALKA, NORRIS, DeSTEFANO -- Multi-Sponsored by -- M. of  A.  MANKTELOW
   -- read once and referred to the Committee on Social Services
 
 AN  ACT to amend the social services law, in relation to allowing public
   welfare officials to withhold payment of rent  to  landlords  who  owe
   delinquent  tax  liabilities to local municipalities, school districts
   or counties
 
   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] RECIPIENT'S 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]  SUCH  OFFICIAL  has
 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, OR WHERE THE LANDLORD OF
 SUCH HOUSING ACCOMMODATIONS OWES DELINQUENT  TAX  LIABILITIES  TO  LOCAL
 MUNICIPALITIES,  SCHOOL  DISTRICTS  OR  COUNTIES.  A report of each such
 violation OR DELINQUENT TAX LIABILITY shall be made to  the  appropriate
 public welfare department by the appropriate department or agency having
 jurisdiction over SUCH violations OR DELINQUENT TAX LIABILITIES.
   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.
              

                                                            LBD08776-01-1

 A. 4523                             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, OR WHERE THE LANDLORD  OF  SUCH  HOUSING  ACCOMMODATIONS
 OWES   DELINQUENT   TAX  LIABILITIES  TO  LOCAL  MUNICIPALITIES,  SCHOOL
 DISTRICTS OR COUNTIES.
   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, OR THE LANDLORD  OF  SUCH  HOUSING  ACCOMMODATIONS  OWES
 DELINQUENT  TAX LIABILITIES TO LOCAL MUNICIPALITIES, SCHOOL DISTRICTS OR
 COUNTIES 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 OR THE LANDLORD OF SUCH HOUSING  ACCOMMODATIONS  OWED  DELINQUENT
 TAX  LIABILITIES  TO LOCAL MUNICIPALITIES, SCHOOL DISTRICTS OR COUNTIES.
 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 proceed-
 ing against a welfare recipient for non-payment of rent shall apply only
 with respect to violations OR DELINQUENT TAX LIABILITIES reported to the
 appropriate public welfare department by the appropriate  department  or
 agency  having  jurisdiction  over  SUCH  violations  OR  DELINQUENT TAX
 LIABILITIES.
   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  DELINQUENT  TAX
 LIABILITIES  OWED  TO LOCAL MUNICIPALITIES, SCHOOL DISTRICTS OR COUNTIES
 WERE PAID.  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.
   7.  IN THE EVENT A PUBLIC WELFARE OFFICIAL HAS WITHHELD THE PAYMENT OF
 ANY  RENT UNDER THIS SECTION DUE TO DELINQUENT TAX LIABILITIES TO  LOCAL
 MUNICIPALITIES,  SCHOOL  DISTRICTS  OR COUNTIES FOR A YEAR OR MORE, SUCH
 WITHHOLDING MAY BE APPLIED TO SUCH DELINQUENT TAX LIABILITIES.
   § 2. This act shall take effect immediately.