NY Soc Serv L § 143-C (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 1 - General Provisions 143-C - Avoidance of Abuses in Connection With Rent Security Deposits.

§  143-c.  Avoidance  of  abuses  in  connection  with  rent  security deposits.  1. Whenever a landlord requires that he  be  secured  against non-payment  of  rent or for damages as a condition to renting a housing accommodation to a  recipient  of  public  assistance,  a  local  social services  official  may  in  accordance  with  the  regulations  of  the department secure the landlord by either of the following means  at  the option of the local social services official:  (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.