[2] While we disagree with Supreme Court's reasoning that the Department of Social Services may set the terms and conditions in such form "as the Department may require," we do find that dismissal of the third cause of action seeking a declaration that the voucher program violates Social Services Law § 143-c was proper.[FN2] Supreme Court correctly found that HRA's security deposit voucher program does not violate Social Services Law § 143-c.
Social Services Law § 143-c is titled "Avoidance of abuses in connection with rent security deposits." It states that whenever a landlord requires that the landlord be "secured" for nonpayment of rent or damages as a condition to renting an apartment to a public assistance recipient, a Department of 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" (Social Services Law § 143-c [1]).