Bill Text: NY A01874 | 2019-2020 | General Assembly | Introduced
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) 2020-01-08 - referred to social services [A01874 Detail]
Download: New_York-2019-A01874-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1874 2019-2020 Regular Sessions IN ASSEMBLY 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: 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 or her 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 withhold 11 the payment of any such rent in any case where he or she has knowledge 12 that there exists or there is outstanding any violation of law in 13 respect to the building containing the housing accommodations occupied 14 by the person entitled to such assistance which is dangerous, hazardous 15 or detrimental to life or health. A report of each such violation shall 16 be 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 or she has knowledge that there exists 20 any legally uncontested outstanding real property taxes levied with 21 respect to the real property containing the housing accommodations occu- 22 pied by the person entitled to such assistance. Information relating to 23 any such properties' paid or unpaid real property taxes shall be made, 24 upon request, to the appropriate public welfare department by the appro- 25 priate department or agency having jurisdiction over such payments. 26 3. Every public welfare official shall have the power to initiate or 27 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. LBD01884-01-9A. 1874 2 1 commission any proper proceeding for the reduction of maximum rents 2 applicable to any housing accommodation occupied by a person entitled to 3 assistance in the form of a rent payment whenever such official has 4 knowledge that essential services which such person is entitled to 5 receive are not being maintained by the landlord or have been substan- 6 tially reduced by the landlord. 7 4. The public welfare department may obtain and maintain current 8 records of violations in buildings where welfare recipients reside which 9 relate to conditions which are dangerous, hazardous or detrimental to 10 life or health, and such information relating to the payment or non-pay- 11 ment of real property taxes levied upon the owner of any real property 12 containing housing accommodations occupied by a person entitled to 13 assistance under this section. 14 5. (a) It shall be a valid defense in any action or summary proceeding 15 against a welfare recipient for non-payment of rent to show existing 16 violations in the building wherein such welfare recipient resides which 17 relate to conditions which are dangerous, hazardous or detrimental to 18 life or health as the basis for non-payment. It shall also be a valid 19 defense in an action or summary proceeding against a welfare recipient 20 for non-payment of rent under this section to show that the owner of the 21 property occupied by a person entitled to assistance has legally uncon- 22 tested outstanding real property taxes connected to such property as the 23 basis for non-payment. 24 (b) In any such action or proceeding the plaintiff or landlord shall 25 not be entitled to an order or judgment awarding him or her possession 26 of the premises or providing for removal of the tenant, or to a money 27 judgment against the tenant, on the basis of non-payment of rent for any 28 period during which there was outstanding any violation of law relating 29 to dangerous or hazardous conditions or conditions detrimental to life 30 or health, or on the basis of non-payment of rent under this section for 31 any period during which there were legally uncontested outstanding real 32 property taxes connected to the occupied property. For the purposes of 33 this paragraph such violation of law shall be deemed to have been 34 removed and no longer outstanding upon the date when the condition 35 constituting a violation was actually corrected, and such legally uncon- 36 tested outstanding real property taxes shall be deemed paid upon receipt 37 of payment, in whole or in part subject to an agreed to payment plan, by 38 the appropriate department or agency having jurisdiction over such 39 payments, such date to be determined by the court upon satisfactory 40 proof submitted by the plaintiff or landlord. 41 (c) The defenses provided herein in relation to an action or proceed- 42 ing against a welfare recipient for non-payment of rent shall apply only 43 with respect to violations, or legally uncontested outstanding real 44 property taxes reported to the appropriate public welfare department by 45 the appropriate department or agency having jurisdiction over 46 violations, or outstanding real property taxes. 47 6. Nothing in this section shall prevent the public welfare department 48 from making provision for payment of the rent which was withheld pursu- 49 ant to this section upon proof satisfactory to it that the condition 50 constituting a violation was actually corrected, or the outstanding 51 taxes due have been paid, or are being paid subject to an agreed to 52 payment plan. Where rents were reduced by order of the appropriate rent 53 commission, the public welfare department may make provision for payment 54 of the reduced rent in conformity with such order. 55 § 2. This act shall take effect immediately.