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A04865 Summary:

BILL NOA04865
 
SAME ASNo Same As
 
SPONSORGoodell
 
COSPNSR
 
MLTSPNSRMiller B, Morinello
 
Amd §131-n, Soc Serv L
 
Requires the homestead exemption used in the calculation for public assistance to be the same as the homestead exemption under the civil practice law and rules.
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A04865 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4865
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  GOODELL  --  Multi-Sponsored  by -- M. of A.
          B. MILLER, MORINELLO -- read once and referred  to  the  Committee  on
          Social Services
 
        AN  ACT  to  amend the social services law, in relation to requiring the
          homestead exemption used in the calculation for public  assistance  to
          be  the  same  as the homestead exemption under the civil practice law
          and rules
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs (d) and (i) of subdivision 1 of section 131-n of
     2  the  social  services law, as separately amended by chapters 323 and 329
     3  of the laws of 2019, are amended to read as follows:
     4    (d) the home which is the usual residence of the  household,  provided
     5  that the value thereof does not exceed the homestead exemption specified
     6  in subdivision (a) of section five thousand two hundred six of the civil
     7  practice law and rules,
     8    (i)  for  a period of six months, real property which the household is
     9  making a good faith effort to sell, in accordance with department  regu-
    10  lations  and  tangible  personal  property necessary for business or for
    11  employment  purposes  in  accordance  with  department   regulations[,];
    12  provided,  however,  that the social services district shall be entitled
    13  to recover the cost of assistance or care provided during such six month
    14  period up to the net equity value of  such  property  and  may,  in  its
    15  discretion,  impose  a lien on such property to ensure repayment of such
    16  assistance upon the sale of such property, and
    17    § 2. This act shall take effect immediately; provided,  however,  that
    18  the  amendments  to  section  131-n  of  the social services law made by
    19  section one of this act shall not affect the expiration and reversion of
    20  such section and shall be deemed to expire therewith.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08999-01-1
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