BILL NUMBER:A377A

TITLE OF BILL:  An act to amend the social services law, in relation to
temporary preinvestigation grants

PURPOSE OR GENERAL IDEA OF BILL: This bill would ensure that public
assistance applicants receive adequate monetary emergency needs assist-
ance or care.

SUMMARY OF SPECIFIC PROVISIONS: Public assistance applicants are enti-
tled to emergency needs assistance or care when a local social services
official determines that an emergency situation exists that warrants
immediate action. Pre-investigation grants are issued to meet an immedi-
ate need for a specific essential item where financial eligibility for
public assistance has not been fully established, for example, when an
applicant is facing immediate eviction, has no food or no fuel for heat-
ing. Social Services Law, Section 133 would be amended to require a
local social services official to inform public assistance applicants in
writing of the availability of grants for emergency needs assistance or
care including pre-investigation grants and to make a determination at
the same time as to whether the applicant has an immediate need. Appli-
cants would also be notified of their right to an expedited hearing when
emergency needs assistance is denied. An applicant who has been denied
emergency needs assistance or care would be required to be advised in
writing of the reasons for denial.

              

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :  This bill would
amend Section 133, Social Services Law.

JUSTIFICATION: The growing threat of homelessness throughout New York
State demands a closer look at prevention efforts at the state and local
level. This bill addresses the efforts of local social services
districts to inform public assistance applicants of the availability of
emergency needs assistance grants in that warrant immediate action to
prevent homelessness, hunger and other threats to the health and safety
of the individual. The sufficiency of these efforts was challenged in a
recent Kings County Supreme Court case, Davis v.  Perales. The court
ruled that local social services officials failed to adequately notify
applicants of their right to emergency needs assistance under current
Department of Social Services Administrative procedures. This bill would
help to ensure that public assistance applicants receive the benefits
they are entitled to by law.

PRIOR LEGISLATIVE HISTORY:
2009 - A.377 referred to Social Services
2007-2008 - A.2346 Advanced to Third Reading
2005-2006 A.958-B advanced to Third Reading
2003-2004 A.439 referred to Social Services
2001-2002 A.77 referred to Social Services
1999-2000 A.1129 referred to Social Services, reported and died in
Rules Committee

FISCAL  IMPLICATIONS  FOR  STATE AND LOCAL GOVERNMENTS:  Although in the
short term, this bill would increase public assistance  expenditures  in
those local social services districts where notification has been inade-
quate,  the  resulting  decrease  in homelessness will ultimately reduce
expenditures.

EFFECTIVE DATE: Immediately.