(a) By means of an appropriate agreement between the landlord and the
social services official, or
(b) By depositing money in an escrow account, not under the control of
the landlord or his agent, subject to the terms and conditions of an
agreement between the landlord and the social services official in such
form as the department may require or approve provided, however, that
this option shall not be used in instances where recipients reside in
public housing.
2. Except as expressly provided in subdivision three of this section,
it shall be against the public policy of the state for a social services
official to pay money to a landlord to be held as a security deposit
against the non-payment of rent or for damages by a public assistance
recipient, or to issue a grant to a recipient of public assistance
therefor.
3. When, however, in the judgment of a social services official
housing accommodations available in a particular area are insufficient
to properly accommodate recipients of public assistance in need of
housing, and in order to secure such housing it is essential that he pay
money to landlords to be held as security deposits against the
non-payment of rent or for damages by public assistance recipients, or
to issue grants to recipients of public assistance therefor, such social
services official may pay or furnish funds for such security deposits
until sufficient housing accommodations are available in the particular
area to properly accommodate recipients of public assistance in need of
housing. Social services officials shall not pay or furnish such funds
in instances where recipients reside in public housing. Landlords
receiving such security deposits shall comply with the provisions of
article seven of the general obligations law. Such cash security
deposits shall be subject to assignment to the local social services
official by the recipients of public assistance or care. Any social
services official paying or furnishing funds for security deposits in
accordance with the provisions of this subdivision shall make diligent
effort to recover such payments or funds from a recipient landlord as
allowed by law.
4. This section shall apply to federally-aided categories of public
assistance except to the extent prohibited by applicable federal laws
and regulations.
5. This section shall apply to recipients of supplemental security
income benefits or additional state payments, as defined in section
three hundred of this chapter, and such persons shall be deemed
recipients of public assistance for the purposes of this section.
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.