STATE OF NEW YORK
________________________________________________________________________
1592
2011-2012 Regular Sessions
IN SENATE
January 10, 2011
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families
AN ACT to amend the social services law and the abandoned property law,
in relation to powers of social services officials to receive and
dispose of certain property and to repeal section 106 of the social
services law, relating to powers of social services official to
receive and dispose of a deed, mortgage, or lien
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 360 of the social services law, as added by chapter
2 722 of the laws of 1951, subdivisions 1 and 3 as amended by section 92
3 of part B of chapter 436 of the laws of 1997, subdivision 2 as amended
4 by chapter 909 of the laws of 1974 and subdivision 4 as amended by chap-
5 ter 803 of the laws of 1959, is amended to read as follows:
6 § 360. Real property of legally responsible relatives; deeds and
7 mortgages may be required. [1.] The ownership of real property by an
8 applicant or applicants, recipient or recipients who is or are legally
9 responsible relatives of the child or children for whose benefit the
10 application is made or the aid is granted, whether such ownership be
11 individual or joint as tenants in common, tenants by the entirety or
12 joint tenants, shall not preclude the granting of family assistance or
13 the continuance thereof if he or they are without the necessary funds to
14 maintain himself, herself or themselves and such child or children.
15 [The social services official may, however, require, as a condition to
16 the granting of aid or the continuance thereof, that he or she be given
17 a deed of or a mortgage on such property in accordance with the
18 provisions of section one hundred six.
19 2. However, while the property covered by the deed or mortgage is
20 occupied, in whole or in part, by the responsible relative who gave such
21 deed or mortgage to the social services official or, by a child for
22 whose benefit the aid was granted the social services official shall not
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00995-01-1
S. 1592 2
1 sell the property or assign or enforce the mortgage without the written
2 consent of the department; and, when the property is occupied by such
3 child, such consent shall not be given unless it appears reasonably
4 certain that the sale or other disposition of the property will not
5 materially adversely affect the welfare of such child.
6 3. The net amount recovered by the social services department from
7 such property, less any expenditures approved by the department for the
8 burial of the relative or the child who dies while in receipt of aid
9 under this title, shall be used to repay the social services district,
10 the state and the federal government their proportionate share of the
11 cost of family assistance granted. The state and federal share shall be
12 paid by the social services district to the state and the manner and
13 amount of such payment shall be determined in accordance with the regu-
14 lations of the department.
15 4. If any balance remains it shall belong to the estate of the legal-
16 ly responsible relative or relatives and the public welfare district
17 shall forthwith credit the same accordingly, and, provided they claim it
18 within four years thereafter, pay it to the persons entitled thereto.
19 If not so claimed within four years it shall be deemed abandoned proper-
20 ty and be paid to the state comptroller pursuant to section thirteen
21 hundred five of the abandoned property law.
22 5. The proceeds or moneys due the United States shall be paid or
23 reported in such manner and at such times as the federal security agency
24 or other authorized federal agency may direct.]
25 § 2. Section 1305 of the abandoned property law, as amended by chapter
26 149 of the laws of 1977, is amended to read as follows:
27 § 1305. Unclaimed surplus moneys after recovery of cost of public
28 assistance and care. Any amount comprising a balance credited to an
29 estate or person pursuant to [sections] section one hundred fifty-two-b
30 [or three hundred sixty] of the social services law which, on June thir-
31 tieth in any year, has for four years from the date of such credit
32 remained unclaimed by the estate or person entitled thereto shall be
33 deemed abandoned property.
34 On or before the tenth day of September in each year every public
35 welfare official shall pay such abandoned property to the state comp-
36 troller. Such payment shall be accompanied by a verified written report
37 in such form as the state comptroller may prescribe.
38 § 3. Section 106 of the social services law is REPEALED.
39 § 4. This act shall take effect immediately.
