senate Bill S3269

2013-2014 Legislative Session

Eliminates statutory authority of social services official to receive and dispose of a deed, mortgage, or lien; repealer

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to children and families
Jan 31, 2013 referred to children and families

Co-Sponsors

S3269 - Bill Details

Current Committee:
Senate Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd §360, rpld §106, Soc Serv L; amd §1305, Ab Prop L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1592
2009-2010: S4140

S3269 - Bill Texts

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Eliminates statutory authority of social services official to receive and dispose of a deed, mortgage, or lien.

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BILL NUMBER:S3269

TITLE OF BILL: An act to amend the social services law and the
abandoned property law, in relation to powers of social services
officials to receive and dispose of certain property and to repeal
section 106 of the social services law, relating to powers of social
services official to receive and dispose of a deed, mortgage, or lien

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
remove the current provision that permits local social services
districts to require public assistance recipients to execute a
mortgage in favor of the county in the amount of public assistance
received, as a condition for eligibility for public assistance.

SUMMARY OF SPECIFIC PROVISIONS: The bill would repeal section 106 the
Social Services Law, eliminating the statutory authority of social
services officials to receive and dispose of a deed, mortgage, or lien
on behalf of the local social services district providing assistance
and care to a public assistance recipient. Amends section 360 of the
Social Services Law to eliminate the ability of the social services
official to require that he be given the deed of a mortgage reference
in section 106 of the law.

JUSTIFICATION: Although New York treats a home as an exempt resource
353.23(b) (2) when determining public assistance eligibility, the
mortgage provision of the Social Services Law permits counties to:
require public assistance recipients to execute a mortgage in favor of
the county in the amount of public assistance received, as a condition
of eligibility for public assistance.

In several ways, Section 106 of the Social Services Law is archaic and
counterproductive to the current goals of making welfare recipients
self-sufficient. New York recognizes that home ownership is an
important step toward self-sufficiency. As a part of welfare reform,
low-income individuals are encouraged to save for a home by depositing
earnings in special savings accounts called Individual Development
Accounts (IDAS), which can be matched with other funds and used for
certain limited purposes, including purchasing a home. For welfare
recipients, it is a cruel hoax for the state to encourage the use of
these accounts, because the savings which are used to buy a home will
be taken back by the local social services district in the form of a
mortgage against the newly purchased home.

Additionally, a woman, who is abandoned by a spouse who is the
family's primary wage earner, is often left with one asset - the
house. Unfortunately, when a social services district takes a mortgage
against that home, its value is gradually whittled away. Ironically,
the home of the non-custodial spouse who is not on assistance but has
children who are, is not subject to the imposition of a lien under
section 106 of the Social Services Law.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Undetermined.

EFFECTIVE DATE: Immediately.


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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3269

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law and the abandoned property  law,
  in  relation  to  powers  of  social services officials to receive and
  dispose of certain property and to repeal section 106  of  the  social
  services  law,  relating  to  powers  of  social  services official to
  receive and dispose of a deed, mortgage, or lien

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 360 of the social services law, as added by chapter
722  of  the laws of 1951, subdivisions 1 and 3 as amended by section 92
of part B of chapter 436 of the laws of 1997, subdivision 2  as  amended
by chapter 909 of the laws of 1974 and subdivision 4 as amended by chap-
ter 803 of the laws of 1959, is amended to read as follows:
  S  360.    Real  property  of legally responsible relatives; deeds and
mortgages may be required.  [1.]  The ownership of real property  by  an
applicant  or  applicants, recipient or recipients who is or are legally
responsible relatives of the child or children  for  whose  benefit  the
application  is  made  or  the aid is granted, whether such ownership be
individual or joint as tenants in common, tenants  by  the  entirety  or
joint  tenants,  shall not preclude the granting of family assistance or
the continuance thereof if he or they are without the necessary funds to
maintain himself, herself or themselves  and  such  child  or  children.
[The  social  services official may, however, require, as a condition to
the granting of aid or the continuance thereof, that he or she be  given
a  deed  of  or  a  mortgage  on  such  property  in accordance with the
provisions of section one hundred six.
  2.  However, while the property covered by the  deed  or  mortgage  is
occupied, in whole or in part, by the responsible relative who gave such
deed  or  mortgage  to  the  social services official or, by a child for
whose benefit the aid was granted the social services official shall not

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01844-01-3

S. 3269                             2

sell the property or assign or enforce the mortgage without the  written
consent  of  the  department; and, when the property is occupied by such
child, such consent shall not be  given  unless  it  appears  reasonably
certain  that  the  sale  or  other disposition of the property will not
materially adversely affect the welfare of such child.
  3.  The net amount recovered by the social  services  department  from
such  property, less any expenditures approved by the department for the
burial of the relative or the child who dies while  in  receipt  of  aid
under  this  title, shall be used to repay the social services district,
the state and the federal government their proportionate  share  of  the
cost of family assistance granted.  The state and federal share shall be
paid  by  the  social  services district to the state and the manner and
amount of such payment shall be determined in accordance with the  regu-
lations of the department.
  4.  If any balance remains it shall belong to the estate of the legal-
ly  responsible  relative  or  relatives and the public welfare district
shall forthwith credit the same accordingly, and, provided they claim it
within four years thereafter, pay it to the  persons  entitled  thereto.
If not so claimed within four years it shall be deemed abandoned proper-
ty  and  be  paid  to the state comptroller pursuant to section thirteen
hundred five of the abandoned property law.
  5.  The proceeds or moneys due the United  States  shall  be  paid  or
reported in such manner and at such times as the federal security agency
or other authorized federal agency may direct.]
  S 2. Section 1305 of the abandoned property law, as amended by section
31  of  part  A of chapter 61 of the laws of 2011, is amended to read as
follows:
  S 1305. Unclaimed surplus moneys after  recovery  of  cost  of  public
assistance  and  care.  Any  amount  comprising a balance credited to an
estate or person pursuant to [sections] SECTION one hundred  fifty-two-b
[or three hundred sixty] of the social services law which, on June thir-
tieth  in  any  year,  has  for  four years from the date of such credit
remained unclaimed by the estate or person  entitled  thereto  shall  be
deemed abandoned property.
  On  or  before  the  tenth  day of September in each year every public
welfare official shall pay such abandoned property to  the  state  comp-
troller. Such payment shall be accompanied by a written report, affirmed
as true and accurate under penalty of perjury, in such form as the state
comptroller may prescribe.
  S 3. Section 106 of the social services law is REPEALED.
  S 4. This act shall take effect immediately.

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