S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9112
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced  by  M.  of  A. L. 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;  and  repealing  certain
   provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (iii) of paragraph (a)  of  subdivision  8  of
 section  131-a  of the social services law, as amended by chapter 246 of
 the laws of 2002, is amended to read as follows:
   (iii) forty-two percent of the earned income for  such  month  of  any
 recipient OR APPLICANT in a household [containing a dependent child], OR
 A  SINGLE  ADULT,  which remains after application of all other subpara-
 graphs of this paragraph; provided, however, that such percentage amount
 shall be adjusted in June of each year, commencing in  nineteen  hundred
 ninety-eight,  to  reflect  changes  in the most recently issued poverty
 guidelines of the United States Bureau  of  the  Census[,  such  that  a
 household  of  three without special needs, living in a heated apartment
 in New York city and without unearned income would become ineligible for
 assistance with gross earnings equal to the poverty level in such guide-
 lines; provided, however, that no  assistance  shall  be  given  to  any
 household  with  gross  earned  and unearned income, exclusive of income
 described in subparagraphs (i) and (vi) of this paragraph, in excess  of
 such poverty level];
   §  2.  Paragraph  (c)  of subdivision 8 of section 131-a of the social
 services law, as amended by chapter 214 of the laws of 1998, is  amended
 to read as follows:
   [(c)  There shall not be disregarded under subparagraph (iii) of para-
 graph (a) of this subdivision any earned income of any  of  the  persons
 specified  in subparagraph (ii) of such paragraph, if the income of such
 person was in excess of his or her need,  unless  such  person  received
 public  assistance in one or more of the four months preceding the month
 of need determination.]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14133-05-2
              

 A. 9112                             2
 
   § 3. Paragraph (a) of subdivision 10 of section 131-a  of  the  social
 services  law, as amended by chapter 246 of the laws of 2002, is amended
 to read as follows:
   (a)  (I)  Notwithstanding  the provisions of this section or any other
 law to the contrary, no person  or  family  shall  be  eligible  for  AN
 INITIAL  GRANT AND ALLOWANCE OF public assistance for [any] THE month in
 which AN INITIAL APPLICATION FOR ASSISTANCE IS MADE IF the total  income
 of the family, excluding benefits received under such programs and with-
 out  application  of  the  income  exemptions and disregards provided in
 subparagraphs (ii) and (iii) of paragraph (a) of  subdivision  eight  of
 this  section,  exceeds  [one]  TWO hundred [eighty-five] percent of the
 [standard of need] FEDERAL POVERTY LEVEL, AS SET BY  THE  UNITED  STATES
 DEPARTMENT OF HEALTH AND HUMAN SERVICES, for a family of the same compo-
 sition.  Provided,  however,  that  the  income  disregards  provided in
 subparagraphs (v), (vi) and (vii) of paragraph (a) of subdivision  eight
 of  this  section  shall  be  applied  in making the INITIAL eligibility
 determination required by this SUBPARAGRAPH. EACH SUBSEQUENT ELIGIBILITY
 DETERMINATION SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF SUBPAR-
 AGRAPH (II) OF THIS paragraph.
   (II) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR ANY  OTHER  LAW
 TO  THE  CONTRARY,  NO  PERSON  OR  FAMILY  SHALL BE ELIGIBLE FOR PUBLIC
 ASSISTANCE FOLLOWING AN INITIAL ELIGIBILITY  DETERMINATION  PURSUANT  TO
 SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH  FOR ANY MONTH IN WHICH THE TOTAL
 INCOME OF THE FAMILY, EXCLUDING BENEFITS RECEIVED  UNDER  SUCH  PROGRAMS
 AND WITHOUT APPLICATION OF THE INCOME EXEMPTIONS AND DISREGARDS PROVIDED
 IN SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (A) OF SUBDIVISION EIGHT OF
 THIS  SECTION,  EXCEEDS EIGHTY PERCENT OF THE CURRENT AREA MEDIAN INCOME
 ("AMI"), AS DETERMINED BY THE UNITED STATES DEPARTMENT  OF  HOUSING  AND
 URBAN DEVELOPMENT.
   §  4.  Paragraph  (a)  of subdivision 8 of section 131-a of the social
 services law is amended by adding a new  subparagraph  (x)  to  read  as
 follows:
   (X) ANY UNEARNED INCOME OF A CHILD WHEN THE PARENT OR NON-PARENT CARE-
 GIVER CHOOSES TO EXCLUDE SUCH CHILD FROM THE PUBLIC ASSISTANCE HOUSEHOLD
 PURSUANT  TO SUBDIVISION ONE OF SECTION ONE HUNDRED THIRTY-ONE-C OF THIS
 ARTICLE.
   § 5. Subdivision 1 of section 131-c of the  social  services  law,  as
 added by chapter 42 of the laws of 1985, is amended to read as follows:
   1.  For  the purposes of determining eligibility for and the amount of
 assistance payable, the social services district shall, when a minor  is
 named  as  an  applicant  for public assistance, require that his or her
 parents [and minor brothers and sisters] also apply for  assistance  and
 be included in the household for purposes of determining eligibility and
 grant  amounts,  if such individuals reside in the same dwelling unit as
 the minor applying for assistance. Any income of or available  for  such
 parents[,  brothers and sisters] which is not disregarded under subdivi-
 sion eight of section one hundred thirty-one-a of this article, shall be
 considered available to such household. [The provisions of this subdivi-
 sion shall not apply to individuals] A PARENT  OR  NON-PARENT  CAREGIVER
 MAY  CHOOSE  TO EXCLUDE ANY OTHER CHILD OR CHILDREN RESIDING IN THE SAME
 DWELLING UNIT FROM THE PUBLIC ASSISTANCE HOUSEHOLD. INDIVIDUALS who  are
 recipients  of  federal supplemental security income benefits or RECEIVE
 additional state payments pursuant to this chapter, [or  to  individuals
 whose relationship to the minor is that of stepbrother or stepsister, or
 to any other individuals whose needs are excluded pursuant to department
 A. 9112                             3

 regulations  consistent  with  federal law and regulations] SHALL NOT BE
 INCLUDED IN THE PUBLIC ASSISTANCE HOUSEHOLD.
   §  6.  Subdivision  1  of section 131-n of the social services law, as
 separately amended by chapters 323 and 329  of  the  laws  of  2019,  is
 amended to read as follows:
   1. [The following resources] ANY ASSETS HELD BY THE HOUSEHOLD shall be
 exempt  and  disregarded  in  calculating  the amount of benefits of any
 household under any public assistance program[: (a) cash and  liquid  or
 nonliquid  resources  up  to  two  thousand  dollars,  or three thousand
 dollars in the case of households in which any member is sixty years  of
 age  or  older,  (b)  an  amount  up  to four thousand six hundred fifty
 dollars in a separate bank account established by  an  individual  while
 currently  in receipt of assistance for the sole purpose of enabling the
 individual to purchase a first or replacement vehicle for the  recipient
 to  seek,  obtain  or  maintain employment, so long as the funds are not
 used for any other purpose, (c)  an  amount  up  to  one  thousand  four
 hundred  dollars in a separate bank account established by an individual
 while currently in receipt of  assistance  for  the  purpose  of  paying
 tuition at a two-year or four-year accredited post-secondary educational
 institution,  so  long  as the funds are not used for any other purpose,
 (d) the home which is the usual residence  of  the  household,  (e)  one
 automobile,  up to ten thousand dollars fair market value, through March
 thirty-first, two thousand seventeen; one automobile, up to eleven thou-
 sand dollars fair market value, from April first, two thousand seventeen
 through March thirty-first, two thousand eighteen; and  one  automobile,
 up  to twelve thousand dollars fair market value, beginning April first,
 two thousand eighteen and thereafter, or such other higher dollar  value
 as the local social services district may elect to adopt, (f) one burial
 plot per household member as defined in department regulations, (g) bona
 fide  funeral  agreements  up  to  a  total of one thousand five hundred
 dollars in equity value per household member, (h) funds in an individual
 development account established in accordance with subdivision  five  of
 section  three  hundred  fifty-eight  of  this  chapter and section four
 hundred three of the social security  act,  (i)  for  a  period  of  six
 months,  real property which the household is making a good faith effort
 to sell, in accordance with department regulations and tangible personal
 property necessary for business or for employment purposes in accordance
 with department regulations,  and  (j)  funds  in  a  qualified  tuition
 program  that  satisfies  the requirement of section 529 of the Internal
 Revenue Code of 1986, as amended, and (j) funds in a New York  achieving
 a  better life experience savings account established in accordance with
 article eighty-four of the mental hygiene law.  If federal law or  regu-
 lations  require  the  exemption  or  disregard of additional income and
 resources in determining need for family assistance, or medical  assist-
 ance not exempted or disregarded pursuant to any other provision of this
 chapter,  the  department may, by regulations subject to the approval of
 the director of the budget, require social services officials to  exempt
 or  disregard  such  income and resources. Refunds resulting from earned
 income tax credits shall be disregarded in public assistance programs].
   § 7. Subdivision 4 of section 158  of  the  social  services  law,  as
 amended  by  section 44 of part B of chapter 436 of the laws of 1997, is
 amended to read as follows:
   4. Social services officials shall determine  eligibility  for  safety
 net  assistance within [forty-five] THIRTY days of receiving an applica-
 tion for safety net assistance. Such officials shall  notify  applicants
 A. 9112                             4
 
 of  safety  net  assistance about the availability of assistance to meet
 emergency circumstances or to prevent eviction.
   §  8.  Paragraph  (b)  of  subdivision  5  of section 22 of the social
 services law, as amended by chapter 41 of the laws of 1992,  is  amended
 to read as follows:
   (b)  Failure  to  act  upon  any  application within thirty days after
 filing[, except applications for home relief, or failure to comply  with
 laws  and regulations requiring that priority be given to certain appli-
 cations for assistance, or failure to act on any  application  for  home
 relief within forty-five days after filing].
   §  9.  Subdivision  8  of  section  153  of the social services law is
 REPEALED.
   § 10. This act shall take effect immediately; provided, however,  that
 the  amendments  to  section  131-n  of  the social services law made by
 section six of this act shall not affect the expiration of such  section
 and shall expire therewith.