N.Y. Social Services Law Section 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.

Source: Section 143-B — Avoidance of abuses in connection with rent checks, https://www.­nysenate.­gov/legislation/laws/SOS/143-B (updated Sep. 22, 2014; accessed Apr. 27, 2024).

131
Assistance, care and services to be given 131‑A
Monthly grants and allowances of public assistance 131‑AA
Monthly statistical reports 131‑AAA
Availability of adverse childhood experiences services 131‑B
Fees for services 131‑BB
Family homelessness and eviction prevention supplement program 131‑C
Inclusion of parents and siblings of a minor in the public assistance household 131‑D
Substance abuse rehabilitative and preventive services 131‑E
Family planning services 131‑F
Retroactive social security benefit increases 131‑G
Authority to accept public and private gifts 131‑H
Authority to operate family homes for adults 131‑I
Social services districts 131‑I*2
Family loan program 131‑J
Certain utility deposits 131‑K
Undocumented noncitizens 131‑L
Exclusion of agent orange benefits 131‑M
Information on resource referral services 131‑N
Exemption of income and resources 131‑O
Personal allowances accounts 131‑P
Group health insurance benefits 131‑Q
Electronic payment file transfer system pilot project 131‑R
Liability for reimbursement of public assistance benefits 131‑S
Payments made for utility service for recipients of public assistance benefits, supplemental security income benefits or additional state... 131‑SS
Automated identification of OTDA assistance program participants 131‑T
Periodic reporting 131‑U
Domestic violence services 131‑V
Temporary emergency shelter 131‑W
Limitations in the payment of rent arrears 131‑X
Reverse mortgage loans 131‑Z
Child assistance program 131‑ZZ
Child poverty reduction 132
Investigation of applications 132‑A
Children born out of wedlock 133
Temporary preinvestigation emergency needs assistance or care 133‑A
Contracts for distribution of public assistance grants 134
Supervision 134‑A
Conduct of investigation 134‑B
Front end detection system 134‑C
Requirement to publicly post information 135
Cooperation of public welfare officials 136
Protection of public welfare records 136‑A
Information from state tax commission and the comptroller 137
Exemption from levy and execution 137‑A
Exemption of earnings of recipients from assignment, income execution and installment payment order 138‑A
Responsibility of the department for recipients in family care 139‑A
Special provisions to avoid abuse of assistance and care 141
Burial of the dead 142
Exclusiveness of eligibility requirements 142‑A
Federal economic opportunity act grants or payments 142‑B
Federal manpower development training act and elementary and secondary education act grants or payments 143
Information to be given by employers of labor to social services officials, the department, family court and the state department of ment... 143‑A
Information to be given to public welfare officials by retail instalment sellers, small loan companies and sales finance companies 143‑B
Avoidance of abuses in connection with rent checks 143‑C
Avoidance of abuses in connection with rent security deposits 144
Power of public welfare officials and service officers to administer oaths 144‑A
Information to be given to officials of the department and of social services districts 145
Penalties 145‑A
Judgment liens 145‑B
False statements 145‑C
Sanctions 146
Penalty for the sale or exchange of assistance supplies 147
Misuse of food stamps, food stamp program coupons, authorization cards and electronic access devices 148
Penalty for unlawfully bringing a needy person into a public welfare district 149
Penalty for bringing a needy person into the state 150
Penalty for neglect to report or for making false report 151
Penalties for cashing public assistance checks or accepting electronic benefit transfers from public assistance recipients 152
Payments to the New York public welfare association 152‑A
Burial reserves for certain recipients of public assistance or care from assigned assets 152‑B
Surplus after recovery of cost of public assistance and care 152‑C
Menstrual products 152‑D
Replacement of stolen public assistance
Green check means up to date. Up to date

Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 143-B’s source at nysenate​.gov

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