S T A T E O F N E W Y O R K
________________________________________________________________________
380
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
tee on Social Services
AN ACT to amend the social services law, in relation to providing that
certain aid to families shall include an allowance for shelter
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 of section 350 of the social
services law, as separately amended by chapters 909 and 1080 of the laws
of 1974, is amended to read as follows:
(a) Allowances shall be adequate to enable the father, mother or other
relative to bring up the child properly, having regard for the physical,
mental and moral well-being of such child, in accordance with the
provisions of section one hundred thirty-one-a of this chapter and other
applicable provisions of law. NOTWITHSTANDING THE PROVISION OF SECTION
ONE HUNDRED THIRTY-ONE-A OF THIS CHAPTER OR OF ANY OTHER PROVISION OF
LAW, THE TERM "ADEQUATE", AS USED IN THIS PARAGRAPH, SHALL INCLUDE AN
ALLOWANCE FOR SHELTER THAT SHALL BE CALCULATED TO EQUAL THE LESSER
AMOUNT OF: (I) EIGHTY PERCENT OF FAIR MARKET RENT AS DEFINED PURSUANT TO
SECTION 888.113 OF THE CODE OF FEDERAL REGULATIONS; OR (II) ONE HUNDRED
PERCENT OF THE ACTUAL RENT PAID BY THE INDIVIDUAL RECEIVING THE ALLOW-
ANCE. Allowances shall provide for the support, maintenance and needs of
one or both parents if in need, and in the home and for the support,
maintenance and needs of the other relative if he or she is without
sufficient means of support, provided such parent, parents and relative
are not receiving federal supplemental security income payments and/or
additional state payments for which they are eligible. The social
services official may, in his OR HER discretion, make the incapacitated
parent the grantee of the allowance and when allowances are granted for
the aid of a child or children due to the unemployment of a parent, such
official may make the unemployed parent the grantee of the allowance.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00239-01-9