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.
STATE OF NEW YORK
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4279
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
___________
Introduced by M. of A. GOODELL -- read once and referred to the Commit-
tee 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 laws
and rules
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 131-n of the social services law,
2 as amended by section 1 of part X of chapter 54 of the laws of 2016, is
3 amended to read as follows:
4 1. The following resources shall be exempt and disregarded in calcu-
5 lating the amount of benefits of any household under any public assist-
6 ance program: (a) cash and liquid or nonliquid resources up to two thou-
7 sand dollars, or three thousand dollars in the case of households in
8 which any member is sixty years of age or older, (b) an amount up to
9 four thousand six hundred fifty dollars in a separate bank account
10 established by an individual while currently in receipt of assistance
11 for the sole purpose of enabling the individual to purchase a first or
12 replacement vehicle for the recipient to seek, obtain or maintain
13 employment, so long as the funds are not used for any other purpose, (c)
14 an amount up to one thousand four hundred dollars in a separate bank
15 account established by an individual while currently in receipt of
16 assistance for the purpose of paying tuition at a two-year or four-year
17 accredited post-secondary educational institution, so long as the funds
18 are not used for any other purpose, (d) the home which is the usual
19 residence of the household, provided that the value thereof does not
20 exceed the homestead exemption specified in subdivision (a) of section
21 five thousand two hundred six of the civil practice law and rules, (e)
22 one automobile, up to ten thousand dollars fair market value, through
23 March thirty-first, two thousand seventeen; one automobile, up to eleven
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09138-01-7
A. 4279 2
1 thousand dollars fair market value, from April first, two thousand
2 seventeen through March thirty-first, two thousand eighteen; and one
3 automobile, up to twelve thousand dollars fair market value, beginning
4 April first, two thousand eighteen and thereafter, or such other higher
5 dollar value as the local social services district may elect to adopt,
6 (f) one burial plot per household member as defined in department regu-
7 lations, (g) bona fide funeral agreements up to a total of one thousand
8 five hundred dollars in equity value per household member, (h) funds in
9 an individual development account established in accordance with subdi-
10 vision five of section three hundred fifty-eight of this chapter and
11 section four hundred three of the social security act and (i) for a
12 period of six months, real property which the household is making a good
13 faith effort to sell, in accordance with department regulations and
14 tangible personal property necessary for business or for employment
15 purposes in accordance with department regulations; provided, however,
16 that the social services district shall be entitled to recover the cost
17 of assistance or care provided during such six month period up to the
18 net equity value of such property and may, in its discretion, impose a
19 lien on such property to ensure repayment of such assistance upon the
20 sale of such property. If federal law or regulations require the
21 exemption or disregard of additional income and resources in determining
22 need for family assistance, or medical assistance not exempted or disre-
23 garded pursuant to any other provision of this chapter, the department
24 may, by regulations subject to the approval of the director of the budg-
25 et, require social services officials to exempt or disregard such income
26 and resources. Refunds resulting from earned income tax credits shall be
27 disregarded in public assistance programs.
28 § 2. This act shall take effect immediately; provided, however, that
29 the amendments to section 131-n of the social services law made by
30 section one of this act shall not affect the expiration of such section
31 and shall be deemed to expire therewith.
