[Adopted 10-25-1988 by L.L. No. 36-1988 (Ch. 166, Art. II,
of the 1985 Code)]
A.
The Legislature hereby finds and declares that certain evils and
abuses exist which have caused many tenants, who are recipients of
public assistance and care, to suffer untold hardships, deprivation
of services and deterioration of housing facilities because certain
landlords have been exploiting such tenants by failing to make necessary
repairs and by neglecting to afford necessary services in violation
of the laws of the state. In the public interest, the necessity for
the enactment of the provisions of this article is hereby declared
as a matter of legislative determination.[1]
B.
It is the intention of this Legislature to authorize and empower
the Suffolk County Department of Social Services, before placing individuals
into housing, to consult with village and town authorities as to the
condition of the proposed housing accommodations. This article is
intended to provide coordination between the Department of Social
Services and village and town authorities for proper housing accommodations
required for public assistance recipients. The overall legislative
intent is to promote and ensure the health, safety and general welfare
of all individuals placed in rental housing accommodations throughout
Suffolk County by the Department of Social Services.
C.
Furthermore, it is the intention of this Legislature that, in the
release of rental stock information to local jurisdictions:
(1)
The confidential character of the information be maintained.
(2)
The information be used for the purposes for which it is made available,
such purposes to be reasonably related to the purposes of the public
welfare program and the functioning of the inquiring agency.
(3)
The information not be used for commercial or political purposes.
The Commissioner of the Suffolk County Department of Social
Services shall have the power to and shall withhold a public assistance
payment for or toward the rental of any housing accommodations occupied
by a recipient of public assistance and care or his family and shall
withhold approval of the placement of any individual in any housing
under any of the programs directed or administered by the Suffolk
County Department of Social Services, in whole or in part, in any
case where the Commissioner has knowledge that there exists, or 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, unless the owner of such housing accommodations can demonstrate
to the satisfaction of the Commissioner of the County Department of
Social Services that a recipient of public assistance and care or
his or her family has caused said housing accommodations to become
dangerous, hazardous or detrimental to life or health through the
sole actions of said recipient or his or her family and for which,
or over which, the owner of said housing accommodations is not responsible
or over which said owner had no control.
[1]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 6-1-1990.
[Amended 6-12-1990 by L.L. No. 15-1990; 3-25-1992 by L.L. No.
6-1992; 6-7-1994 by L.L. No. 10-1994]
A.
Upon a request from a recipient of public assistance and care to
move, the Suffolk County Department of Social Services shall notify,
in writing, the municipality into which the recipient wishes to move
and shall request of the local authorities, who have appropriate jurisdiction
over the proposed housing accommodations into which the recipient
wishes to move, whether the building containing the accommodations
to be occupied by the recipient has any violation of law which is
dangerous, hazardous or detrimental to life or health and whether
such building containing the accommodations to be occupied by the
recipient has a valid certificate of occupancy and/or rental permit,
if applicable, issued by the pertinent municipal jurisdiction for
it.
B.
If a recipient of public assistance and care independently obtains
his own housing accommodation, then the Suffolk County Department
of Social Services shall verify that the building containing the proposed
housing accommodation does not have any violation of law against it
which is dangerous, hazardous, or detrimental to life or health and
that it has a valid certificate of occupancy and/or rental permit,
if applicable, issued by the pertinent municipal jurisdiction for
it.
C.
Each municipality so notified shall submit one of the following responses
to the Suffolk County Department of Social Services within two business
days of such notice:
(1)
The building containing the housing accommodations into which the
recipient of public assistance and care intends to move has been inspected
within the last two months prior to the receipt of the notice from
the Suffolk County Department of Social Services; does not have any
violation of law against it which is dangerous, hazardous or detrimental
to life of health; and whether it has a valid certificate of occupancy
and/or rental permit, if applicable, issued by the pertinent municipal
jurisdiction for it.
(2)
The building containing the housing accommodations into which the
recipient of public assistance and care intends to move does have
some violation against it which is dangerous, hazardous or detrimental
to life or health, which is to be specified by the municipality.
(3)
The municipality is unable to inspect.
D.
Upon receipt of a response under Subsection C(1) above, the Suffolk County Department of Social Services shall be authorized to pay a security deposit, brokerage fees, if any, and public assistance payments for or toward the rental of any housing accommodations occupied by a recipient of public assistance and care, or his family, and to notify the recipient of same, subject to the laws, rules and regulations governing such assistance payments, as long as a valid certificate of occupancy and/or rental permit, if applicable, has been issued by the pertinent municipal jurisdiction for it.
E.
Upon receipt of a response under Subsection C(2) above, the Suffolk County Department of Social Services shall withhold a public assistance payment for or toward the rental of any housing accommodations occupied by a recipient of public assistance and care or his family and shall withhold approval of the placement of any individual in any such housing under any of the programs directed or administered by the Suffolk County Department of Social Services in whole or in part.
F.
Upon receipt of a response under Subsection C(3) above, the Suffolk County Department of Social Services shall conduct, or cause to be conducted, an inspection of the building containing the housing accommodation into which the recipient of public assistance and care wishes to move and render the determination required by Subsection C(1) or C(2) above.
G.
The Suffolk County Department of Social Services shall maintain current
records of violations in buildings where welfare recipients reside
which relate to conditions which are dangerous, hazardous and/or detrimental
to life or health and whether a valid certificate of occupancy and/or
rental permit, if applicable, has been issued by the pertinent municipal
jurisdiction for such building.
H.
The County Department of Social Services is hereby authorized, pursuant to § C10-2 of the Suffolk County Charter, to withhold public assistance payments to a landlord for or toward the rental of any housing accommodations occupied by recipients of public assistance and care, or his or her family, in any instances in which it is documented that the owner of such housing accommodation is in arrears on real property taxes, said withholding to be limited, in the aggregate, to the amount of said arrears (inclusive of interest, penalties and other charges) and in which it is determined by the Suffolk County Department of Law that the moneys can be withheld in such circumstances as a legal offset to a valid County claim to such tax arrears. Said moneys so withheld shall be kept in a separate account for periodic distribution to the County Comptroller as payment of said real property tax arrears only or for payment to the landlord where it is demonstrated that tax arrears have been cleared up, said payments to be credited to the pertinent tax parcel.
[Amended 6-17-2014 by L.L. No. 32-2014]
[Added 12-20-2005 by L.L. No. 1-2006]
A.
In the event that a town or village secures a court order or written
agreement that the owner of a building containing the housing accommodations
into which the recipient of public assistance and care intends to
move has used the property without a certificate of occupancy (CO),
without a rental permit, or in violation of the laws governing the
issuance and/or terms and conditions of such CO or permit, then the
owner shall file with the Suffolk County Department of Social Services
a verified statement, in a form to be provided by the Department,
stating that the building containing the housing accommodation has
been corrected or remedied of all such violations and meets all applicable
building codes, ordinances and regulations of the municipality in
which the building is located.
B.
This statement shall be signed by the owner before a notary public
of the State of New York, and such sworn statement shall be filed
with the Commissioner prior to any placement or payment being made
by or on behalf of the Suffolk County Department of Social Services,
regardless of whether such payment is made directly to a landlord
or such payment is made to a tenant for payment of rent.
C.
In addition to the remedies provided herein and in addition to any other penalty that may be available under the laws of the State of New York, any owner of a building containing the housing accommodations of which the recipient of public assistance and care is an occupant who has willfully failed to fully comply with Subsections A and/or B of this section shall be guilty of an unclassified misdemeanor, subject to a fine of up to $1,000 and/or up to one year in jail per violation.
Upon direction of the County Legislature, via duly enacted resolution,
the Commissioner of the Suffolk County Department of Social Services
may be authorized and empowered to order an inspection of any housing
accommodations used or contemplated for use or occupancy by a recipient
of public assistance and care in accordance with constitutional standards
and requirements for administrative searches.
The County Department of Social Services shall issue written
reports on the status of the inspections authorized by this article
every six months to the Health and Human Services Committee, or any
successor thereto, of the County Legislature.
The Commissioner of the County Department of Social Services
is hereby authorized and empowered to issue and promulgate such rules
and regulations as he or she may deem necessary and appropriate to
implement the provisions of this article.
