S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4865
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Paragraphs (d) and (i) of subdivision 1 of section 131-n of
 the  social  services law, as separately amended by chapters 323 and 329
 of the laws of 2019, are amended to read as follows:
   (d) the home which is the usual residence of the  household,  PROVIDED
 THAT THE VALUE THEREOF DOES NOT EXCEED THE HOMESTEAD EXEMPTION SPECIFIED
 IN SUBDIVISION (A) OF SECTION FIVE THOUSAND TWO HUNDRED SIX OF THE CIVIL
 PRACTICE LAW AND RULES,
   (i)  for  a period of six months, real property which the household is
 making a good faith effort to sell, in accordance with department  regu-
 lations  and  tangible  personal  property necessary for business or for
 employment  purposes  in  accordance  with  department   regulations[,];
 PROVIDED,  HOWEVER,  THAT THE SOCIAL SERVICES DISTRICT SHALL BE ENTITLED
 TO RECOVER THE COST OF ASSISTANCE OR CARE PROVIDED DURING SUCH SIX MONTH
 PERIOD UP TO THE NET EQUITY VALUE OF  SUCH  PROPERTY  AND  MAY,  IN  ITS
 DISCRETION,  IMPOSE  A LIEN ON SUCH PROPERTY TO ENSURE REPAYMENT OF SUCH
 ASSISTANCE UPON THE SALE OF SUCH PROPERTY, and
   § 2. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  section  131-n  of  the social services law made by
 section one of this act shall not affect the expiration and reversion of
 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