(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.
Structure New York Laws
Article 5 - Assistance and Care
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-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; Agreements.
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; Condition of Eligibility.
131-Q - Electronic Payment File Transfer System Pilot Project.
131-R - Liability for Reimbursement of Public Assistance Benefits.
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; Special Provisions.
133 - Temporary Preinvestigation Emergency Needs Assistance or Care.
133-A - Contracts for Distribution of Public Assistance Grants.
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.
138-A - Responsibility of the Department for Recipients in Family Care.
139-A - Special Provisions to Avoid Abuse of Assistance and Care.
142 - Exclusiveness of Eligibility Requirements.
143-B - Avoidance of Abuses in Connection With Rent Checks.
143-C - Avoidance of Abuses in Connection With Rent Security Deposits.
144-A - Information to Be Given to Officials of the Department and of Social Services Districts.
145-B - False Statements; Actions for Treble Damages.
146 - Penalty for the Sale or Exchange of Assistance Supplies.
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.
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; Unclaimed Funds.