BILL NUMBER : S1083A

 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 assistance or care.

 SUMMARY OF SPECIFIC PROVISIONS :
Public assistance applicants are entitled to emergency needs
assistance or care when a local social services official determines
that an emergency situation exists that warrants immediate action.
Preinvestigation grants are issued to meet an immediate 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
heating.  Social Services Law, Section 133 would be amended to require
a local social services official to inform public assistance
applicants both verbally and 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.  Applicants 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 emergency situations 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 :
2007-2008: S.1493 Referred to Social Services, Children & Families
2007-2008: A.2346 Advanced to Third Reading
2005-2006: A.958 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 inadequate, the resulting decrease in
homelessness will ultimately reduce expenditures.

 EFFECTIVE DATE :
Immediately.