N.Y. Social Services Law § 143-b: Avoidance of abuses in connection with rent checks

§ 143-b. Avoidance of abuses in connection with rent checks. 1.

Whenever a recipient of public assistance and care is eligible for or

entitled 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 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 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.

3. Every public welfare official shall have the power to initiate or

to request the recipient to initiate before the appropriate housing rent

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

substantially 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.

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.

(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. 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

proceeding against a welfare recipient for non-payment of rent shall

apply only with respect to violations reported to the appropriate public

welfare department by the appropriate department or agency having

jurisdiction over violations.

6. Nothing in this section shall prevent the public welfare department

from making provision for payment of the rent which was withheld

pursuant to this section upon proof satisfactory to it that the

condition constituting a violation was actually corrected. 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.