64 Misc. 2d 954 | N.Y. Sup. Ct. | 1969
Petitioners, who are recipients of public assistance under the administration of the Department
It appears to be conceded that the violations placed against the premises, wherein the petitioners reside, by the Building Inspector of the Village of Port Chester at various times between December 4,1967 and October 31,1968 relate to conditions which are dangerous, hazardous and detrimental to life or health of the residents thereof.
Respondent takes the position that he has the right to pay the rent on behalf of petitioners to the landlord directly, even though all of the violations of record are not yet cleared, since he has been satisfied by the representations of the landlord that payment of the rent is required in order that he may have sufficient funds to correct said violations.
In support of his position, the respondent has interposed three affirmative defenses alleging objections in point of law: (1) that, in petitioners’ status as recipients of public assistance, they have no entitlement to money grants equivalent to rent payments unless such grant was necessary to eliminate or reduce a budget deficit for the rent portion of their respective budgets, and that the petition contains no allegation that such cash equivalent is necessary to defray the cost of their shelter; (2) that on or about October 31, 1968, he received the first official notification of violations on the premises from the building inspector of the village, whereupon he invoked the provisions of section 143-b of the Social Services Law and withheld petitioners’ rent, commencing with the month of November, 1968; that on or about May 26, 1969, the building inspector advised that rear porches and stairs at the premises continue to violate the local statutes, but made no reference to the other violations previously placed against the premises, and at the
Answering those defenses and objections in point of law, petitioners raise the following objections in point of law: (1) that the respondent’s action in paying rent directly to the landlord under the circumstances here present has disallowed the petitioners’ standing to sue to protect or defend their interests as welfare recipients-tenants under section 143-b of the Social Services Law, under which, on the landlord’s proceedings to evict based on nonpayment of rent, the petitioners would be enabled under the Spiegel Act to raise the existing violations of the local building code as a defense in such proceeding; (2) that only the initial decision to invoke section 143-b is discretionary in respondent, and once he has invoked subdivision 2 of said section, the act makes it clear that respondent has no authority to pay back-rent withheld until violations are actually corrected (§ 143-b, subd. 6) or to pay other than cash grants ■where the recipients have not demonstrated mismanagement or abuse of funds; (3) that the administrative remedies provided within the fair hearing procedures established by the State statutes and regulations governing the administration of public assistance do not allow for stays or injunctions, which are necessary to protect the petitioners’ interest; that such administrative
It appears from the record herein that, prior to the respondent’s invocation of subdivision 2 of section 143-b of the Social Services Law, he had been paying to petitioners the rent money for their housing accommodations. He was clearly authorized, under subdivision 2 of section 143-b, to withhold payment of such rent from and after the date he was notified officially by the Building Inspector of Port Chester that there were outstanding violations of law against the petitioners’ housing accommodations, which were dangerous, hazardous or detrimental to their life or health.
But, in our opinion, by the clearly expressed provisions of subdivision 6 of section 143-b the respondent had no authority, discretionary or by statutory intendment, to pay to the landlord any rent withheld except ‘ ‘ upon proof satisfactory to it [the public welfare department commissioner] that the condition constituting a violation was actually corrected.” It is apparent from this record that there are still uncorrected violations of serious nature with respect to the rear porches and stairs of the premises, and indeed, possibly other uncorrected violations, and that respondent has not received proof of correction thereof. Absent such proof, respondent may not pay rent withheld to the landlord.
We are not unmindful of respondent’s pragmatic objective to promote the correction of all violations alleged against the subject premises by paying over to the landlord the withheld rents, in the face of the landlord’s plea that he needs the rent funds to meet the expense entailed in making the repairs and improvements required to correct the violations. Nevertheless, however, worthy the respondent’s motivation, he lacks the power to make such withheld rental payments until the violations are certified to him as cleared by the Village Building Inspector.
Petitioners clearly have standing to bring this proceeding for declaratory judgment and equitable relief. Their administrative remedies pursuant to the “ fair hearing ” procedures under the Social Services Law are patently not equivalent to the remedies here sought. They would be futile because what petitioners here seek — a declaration of their rights of status and injunctive relief — are beyond the intent and scope of such administrative procedures. Consequently they may not in reason and justice be required to exhaust such futile remedies. (Cf. Lesron Junior, Inc. v. Feinberg, 13 A D 2d 90.)
The “ Declaration of purpose and necessity ” set forth in the Spiegel Act (L. 1962, ch. 997, § 1) makes clear that it seeks to eliminate, for people who are recipients of public assistance, the evils and abuses of landlords which have caused welfare tenant-recipients ‘1 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 ”.
There is nothing in title 1 of article 5 of the Social Services Law which would warrant a determination that the petitioners may be deprived of their statutory right to defend a proceeding against them for nonpayment of rent under section 143-b (subd. 5, pars, [a], [b]). In our opinion they must be accorded the same rights in this respect as nonrecipients of public assistance have been accorded under section 305-a of the Multiple Residence Law.
Indeed, the Spiegel Act recognizes most emphatically that sanctions are necessary against offending landlords, and that one of the most efficacious sanctions is the withholding of rent money until the violations, which concern conditions that are dangerous, hazardous or detrimental to life or health, are actually corrected.
Accordingly, we conclude that respondent should be enjoined from paying to the landlord any rent withheld since June, 1969, but that he must continue to hold such withheld rents until he has received a certificate of correction of violations from the Building Inspector of the Village of Port Chester.
Under the circumstances here presented we believe it would be inequitable to order respondent to recover from the landlord the rent moneys heretofore turned over to him. It appears from the record herein that, as a result of such direct payments of rent withheld by the respondent, many of the violations complained of have been corrected. It further appears that petitioners ‘ ‘ are willing to have money released to the landlord
It is unnecessary to involve this court in the requested supervision. Petitioners’ objective may best be achieved if respondent continues to withhold rents from the landlord until he corrects fully the violations still remaining uncorrected. Petitioners are not precluded from agreeing to direct payments of rent withheld by respondent to the landlord, if they are persuaded that such payment will ensure correction of the violations.
We have considered the other defenses in point of law presented by respondent and those presented in reply by petitioners, but do not and need not reach them, in view of the foregoing determinations.