STATE OF NEW YORK
________________________________________________________________________
4352
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Social Services
AN ACT to amend the social services law, in relation to determination of
public assistance eligibility and amounts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (ii) of paragraph (a) of subdivision 8 of
2 section 131-a of the social services law, as amended by section 3 of
3 part U of chapter 56 of the laws of 2022, is amended to read as follows:
4 (ii) fifty percent of the earned income for such month of any appli-
5 cant, recipient, or relative applying for and receiving aid pursuant to
6 such program; provided, however, that such percentage amount shall be
7 adjusted in June of each year to reflect changes in the most recently
8 issued poverty guidelines of the United States Bureau of the Census,
9 such that a household of three without special needs, living in a heated
10 apartment in New York city and without unearned income would become
11 ineligible for assistance with gross earnings equal to the poverty level
12 in such guidelines;
13 § 2. Paragraph (a) of subdivision 8 of section 131-a of the social
14 services law is amended by adding a new subparagraph (xiv) to read as
15 follows:
16 (xiv) any unearned income of a child when the parent or non-parent
17 caregiver chooses to exclude such child from the public assistance
18 household pursuant to subdivision one of section one hundred
19 thirty-one-c of this title.
20 § 3. Subdivision 1 of section 131-c of the social services law, as
21 added by chapter 42 of the laws of 1985, is amended to read as follows:
22 1. For the purposes of determining eligibility for and the amount of
23 assistance payable, the social services district shall, when a minor is
24 named as an applicant for public assistance, require that [his or her]
25 such minor's parents [and minor brothers and sisters] also apply for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08814-01-5
A. 4352 2
1 assistance and be included in the household for purposes of determining
2 eligibility and grant amounts, if such individuals reside in the same
3 dwelling unit as the minor applying for assistance. Any income of or
4 available for such parents[, brothers and sisters] which is not disre-
5 garded under subdivision eight of section one hundred thirty-one-a of
6 this [article] title, shall be considered available to such household.
7 [The provisions of this subdivision shall not apply to individuals] A
8 parent or non-parent caregiver may choose to exclude any other child or
9 children residing in the same dwelling unit from the public assistance
10 household. Individuals who are recipients of federal supplemental secu-
11 rity income benefits or receive additional state payments pursuant to
12 this chapter, [or to individuals whose relationship to the minor is that
13 of stepbrother or stepsister, or to any other individuals whose needs
14 are excluded pursuant to department regulations consistent with federal
15 law and regulations] shall not be included in the public assistance
16 household.
17 § 4. Subdivision 1 of section 131-n of the social services law, as
18 amended by section 5 of part U of chapter 56 of the laws of 2022, is
19 amended to read as follows:
20 1. [The following resources] Any assets held by the household shall be
21 exempt and disregarded in calculating the amount of benefits of any
22 household under any public assistance program[: (a) cash and liquid or
23 nonliquid resources up to two thousand five hundred dollars for appli-
24 cants, three thousand seven hundred fifty dollars for applicants in
25 households in which any member is sixty years of age or older or is
26 disabled or ten thousand dollars for recipients, (b) an amount up to
27 four thousand six hundred fifty dollars in a separate bank account
28 established by an individual while currently in receipt of assistance
29 for the sole purpose of enabling the individual to purchase a first or
30 replacement vehicle for the recipient to seek, obtain or maintain
31 employment, so long as the funds are not used for any other purpose, (c)
32 an amount up to one thousand four hundred dollars in a separate bank
33 account established by an individual while currently in receipt of
34 assistance for the purpose of paying tuition at a two-year or four-year
35 accredited post-secondary educational institution, so long as the funds
36 are not used for any other purpose, (d) the home which is the usual
37 residence of the household, (e) one automobile, up to ten thousand
38 dollars fair market value, through March thirty-first, two thousand
39 seventeen; one automobile, up to eleven thousand dollars fair market
40 value, from April first, two thousand seventeen through March thirty-
41 first, two thousand eighteen; and one automobile, up to twelve thousand
42 dollars fair market value, beginning April first, two thousand eighteen
43 and thereafter, or such other higher dollar value as the local social
44 services district may elect to adopt, (f) one burial plot per household
45 member as defined in department regulations, (g) bona fide funeral
46 agreements up to a total of one thousand five hundred dollars in equity
47 value per household member, (h) funds in an individual development
48 account established in accordance with subdivision five of section three
49 hundred fifty-eight of this chapter and section four hundred three of
50 the social security act, (i) for a period of six months, real property
51 which the household is making a good faith effort to sell, in accordance
52 with department regulations and tangible personal property necessary for
53 business or for employment purposes in accordance with department regu-
54 lations, and (j) funds in a qualified tuition program that satisfies the
55 requirement of section 529 of the Internal Revenue Code of 1986, as
56 amended, and (k) funds in a New York achieving a better life experience
A. 4352 3
1 savings account established in accordance with article eighty-four of
2 the mental hygiene law].
3 If federal law or regulations require the exemption or disregard of
4 additional income and resources in determining need for family assist-
5 ance, or medical assistance not exempted or disregarded pursuant to any
6 other provision of this chapter, the department may, by regulations
7 subject to the approval of the director of the budget, require social
8 services officials to exempt or disregard such income and resources.
9 Refunds resulting from earned income tax credits shall be disregarded in
10 public assistance programs.
11 § 5. This act shall take effect immediately; provided, however, that
12 the amendments to section 131-n of the social services law made by
13 section four of this act shall not affect the expiration of such section
14 and shall expire therewith.
