Int. No. 301
By Council Members Weiner, Reed and Stabile; also Council Members Cruz, Foster, Harrison, Henry, Pinkett and Robinson.
A Local Law to amend the administrative code of the city of New York, in relation to the mandatory withholding of public aid whenever there exists or there is outstanding any violation of law in respect to a frame multiple dwelling used for single room occupancy occupied by the person entitled to such assistance which is dangerous, hazardous or detrimental to life or health.
Be it enacted by the Council as follows:
Section 1. Chapter one of title twenty-one of the administrative code of the city of New York is amended by adding a new section 21-126 to read as follows:
§21-126 Avoidance of abuses in connection with rent checks. a. Whenever used in this section the following terms shall mean and include:
(1) “Common area”. Any space, including, but not limited to, a hall, corridor or passage way, used in common by the occupants of two or more dwelling units, or by persons who are not tenants, or exclusively for mechanical equipment of such multiple dwelling or for storage purposes.
(2) "Dwelling". Any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings.
(3) “Dwelling unit”. Any residential accommodation in a multiple dwelling.
(4)"Frame multiple dwelling". A multiple dwelling of which the exterior walls or any structural parts of such walls are made of wood. A multiple dwelling which would not otherwise be a frame multiple dwelling shall not be deemed a frame multiple dwelling by reason of the existence on or within such multiple dwelling of a frame oriel, bay or dormer window, frame porch not more than one story in height, or frame extension not more than one story in height and fifty-nine square feet in area, where such window, porch or extension was erected prior to April thirteenth, nineteen hundred forty.
(5) "Multiple dwelling". A dwelling which is either rented, leased, let or hired out, to be occupied, or is occupied as the residence or home of three or more families living independently of each other.
(6) "Single room occupancy". The occupancy by one or two persons of a single room, or two or more rooms which are joined together, separated from all other rooms within an apartment in a multiple dwelling, so that the occupant or occupants thereof reside separately and independently of the other occupant or occupants of the same apartment.
b. The commissioner shall withhold any aid or assistance in the form of payment for or toward the rental of a dwelling unit, or part thereof, in a frame multiple dwelling or part thereof that is used for single room occupancy when occupied by the person entitled to such assistance in any case where the commissioner has knowledge that there exists or there is outstanding any violation of law relating to the physical condition of such dwelling unit or frame multiple dwelling which is dangerous, hazardous or detrimental to life or health. A report of each such violation shall be made to the commissioner by the appropriate department or agency having jurisdiction over the violation.
c. The commissioner is authorized to initiate or to request a person entitled to rental assistance to initiate before the New York state division of housing and community renewal any proper proceeding for the reduction of maximum rents applicable to the dwelling unit occupied by such person whenever the commissioner 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. Where rents were reduced by order of the New York state division of housing and community renewal or by a court, the commissioner may make provision for payment of the reduced rent in conformity with such order.
d. The commissioner shall obtain and maintain current records of violations in buildings where persons entitled to rental assistance reside which relate to conditions which are dangerous, hazardous or detrimental to life or health.
e. (1) It shall be a valid defense in any action or summary proceeding for non-payment of rent brought against a person entitled to rental assistance that there exists one or more violations in the common area or dwelling unit of a frame multiple dwelling wherein such welfare recipient resides that relate to conditions which are dangerous, hazardous or detrimental to life or health.
(2) In any such action or summary proceeding the plaintiff or petitioner shall not be entitled to an order or judgment awarding possession of the premises or to a money judgment against the tenant, on the basis of non-payment of rent, for any period during which there existed or 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 this violation was actually corrected, such date to be determined by the court upon satisfactory proof submitted by the plaintiff or petitioner.
(3) The defenses provided for herein in relation to an action or proceeding against a person entitled to rental assistance for non-payment of rent shall apply only with respect to violations reported to the commissioner by the appropriate department or agency having jurisdiction over violations. For purposes of this subdivision, a violation may be deemed "reported to the commissioner" if the commissioner demonstrates that he or she has unrestricted viewing access to the records of the department or agency having jurisdiction over violations through the use of a computer terminal or other means satisfactory to the court.
f. Nothing in this section shall prevent the commissioner from making provision for payment of the rent which was withheld pursuant to this section upon proof satisfactory to him or her that the condition constituting a violation was actually corrected.
g. Whenever the displacement of tenants or legal occupants results from the enforcement of this section or any rule promulgated pursuant thereto, the commissioner of housing preservation and development shall provide and maintain tenant relocation services in accordance with chapter two of title twenty-six of this code.
§2. This local law shall take effect immediately.