S T A T E O F N E W Y O R K
________________________________________________________________________
1374
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Social Services
AN ACT to amend the social services law, in relation to eligibility for
persons with acquired immunodeficiency syndrome or HIV-related
illnesses; and providing for the repeal of such provisions upon the
expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 131-a of the social services law
is amended by adding a new paragraph (f) to read as follows:
(F) IN DETERMINING THE ELIGIBILITY FOR AND AMOUNT OF PUBLIC ASSISTANCE
BENEFITS FOR A PERSON OR HOUSEHOLD WHERE ONE OR MORE PERSONS HAS BEEN
MEDICALLY DIAGNOSED AS HAVING ACQUIRED IMMUNODEFICIENCY SYNDROME OR
HIV-RELATED ILLNESSES, A SOCIAL SERVICES DISTRICT SHALL USE THE SPECIAL
SHELTER ALLOWANCE AMOUNTS ESTABLISHED BY THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE IN REGULATION FOR THAT PURPOSE RATHER THAN THE
SHELTER ALLOWANCE ESTABLISHED IN PARAGRAPH (B) OF THIS SUBDIVISION. A
SOCIAL SERVICES DISTRICT SHALL ONLY USE THIS SPECIAL SHELTER ALLOWANCE
WHEN IT DETERMINES THAT THE PERSON OR FAMILY IS HOMELESS OR FACED WITH
HOMELESSNESS AND FOR WHOM NO VIABLE AND LESS COSTLY ALTERNATIVE HOUSING
IS AVAILABLE AND SUCH ALLOWANCE IS NECESSARY TO SECURE HOUSING OR TO
MAINTAIN THE FAMILY IN THEIR OWN HOME. IN CALCULATING ELIGIBILITY AND
THE AMOUNT OF BENEFITS, THE SOCIAL SERVICES DISTRICT SHALL CONSIDER ONLY
THE PERSONS WITH ACQUIRED IMMUNODEFICIENCY SYNDROME OR HIV-RELATED
ILLNESS AND THE MEMBERS OF THE PUBLIC ASSISTANCE HOUSEHOLD IN ACCORDANCE
WITH SECTION ONE HUNDRED THIRTY-ONE-C OF THIS TITLE AND THEIR AVAILABLE
INCOME.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law and shall expire Novem-
ber 1, 2010 when upon such date the provisions of this act shall be
deemed repealed.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00439-01-9