Bill Text: NY A01244 | 2015-2016 | General Assembly | Amended
Bill Title: Authorizes public welfare officials to withhold rent from a landlord when real estate taxes for the rental property are unpaid.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-06-01 - print number 1244a [A01244 Detail]
Download: New_York-2015-A01244-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1244--A 2015-2016 Regular Sessions IN ASSEMBLY January 8, 2015 ___________ Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Social Services -- recommitted to the Committee on Social Services in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: 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 family, such payment may be made directly by the public welfare 9 department to the landlord. 10 2. Every public welfare official shall have power to and may withhold 11 the payment of any such rent in any case where he has knowledge that 12 there exists or there is outstanding any violation of law in respect to 13 the building containing the housing accommodations occupied by the 14 person entitled to such assistance which is dangerous, hazardous or 15 detrimental to life or health. A report of each such violation shall be 16 made to the appropriate public welfare department by the appropriate 17 department or agency having jurisdiction over violations. 18 2-a. Every public welfare official may withhold the payment of any 19 such rent in any case where he has knowledge that there exists any 20 legally uncontested outstanding real property taxes levied with respect 21 to the real property containing the housing accommodations occupied by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01140-03-6A. 1244--A 2 1 the person entitled to such assistance. Information relating to any such 2 properties' paid or unpaid real property taxes shall be made, upon 3 request, to the appropriate public welfare department by the appropriate 4 department or agency having jurisdiction over such payments. 5 3. Every public welfare official shall have the power to initiate or 6 to request the recipient to initiate before the appropriate housing rent 7 commission any proper proceeding for the reduction of maximum rents 8 applicable to any housing accommodation occupied by a person entitled to 9 assistance in the form of a rent payment whenever such official has 10 knowledge that essential services which such person is entitled to 11 receive are not being maintained by the landlord or have been substan- 12 tially reduced by the landlord. 13 4. The public welfare department may obtain and maintain current 14 records of violations in buildings where welfare recipients reside which 15 relate to conditions which are dangerous, hazardous or detrimental to 16 life or health, and such information relating to the payment or non-pay- 17 ment of real property taxes levied upon the owner of any real property 18 containing housing accommodations occupied by a person entitled to 19 assistance under this section. 20 5. (a) It shall be a valid defense in any action or summary proceeding 21 against a welfare recipient for non-payment of rent to show existing 22 violations in the building wherein such welfare recipient resides which 23 relate to conditions which are dangerous, hazardous or detrimental to 24 life or health as the basis for non-payment. It shall also be a valid 25 defense in an action or summary proceeding against a welfare recipient 26 for non-payment of rent under this section to show that the owner of the 27 property occupied by a person entitled to assistance has legally uncon- 28 tested outstanding real property taxes connected to such property as the 29 basis for non-payment. 30 (b) In any such action or proceeding the plaintiff or landlord shall 31 not be entitled to an order or judgment awarding him possession of the 32 premises or providing for removal of the tenant, or to a money judgment 33 against the tenant, on the basis of non-payment of rent for any period 34 during which there was outstanding any violation of law relating to 35 dangerous or hazardous conditions or conditions detrimental to life or 36 health, or on the basis of non-payment of rent under this section for 37 any period during which there were legally uncontested outstanding real 38 property taxes connected to the occupied property. For the purposes of 39 this paragraph such violation of law shall be deemed to have been 40 removed and no longer outstanding upon the date when the condition 41 constituting a violation was actually corrected, and such legally uncon- 42 tested outstanding real property taxes shall be deemed paid upon receipt 43 of payment, in whole or in part subject to an agreed to payment plan, by 44 the appropriate department or agency having jurisdiction over such 45 payments, such date to be determined by the court upon satisfactory 46 proof submitted by the plaintiff or landlord. 47 (c) The defenses provided herein in relation to an action or proceed- 48 ing against a welfare recipient for non-payment of rent shall apply only 49 with respect to violations, or legally uncontested outstanding real 50 property taxes reported to the appropriate public welfare department by 51 the appropriate department or agency having jurisdiction over 52 violations, or outstanding real property taxes. 53 6. Nothing in this section shall prevent the public welfare department 54 from making provision for payment of the rent which was withheld pursu- 55 ant to this section upon proof satisfactory to it that the condition 56 constituting a violation was actually corrected, or the outstandingA. 1244--A 3 1 taxes due have been paid, or are being paid subject to an agreed to 2 payment plan. Where rents were reduced by order of the appropriate rent 3 commission, the public welfare department may make provision for payment 4 of the reduced rent in conformity with such order. 5 § 2. This act shall take effect immediately.
