S T A T E O F N E W Y O R K
________________________________________________________________________
1897
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
___________
Introduced by M. of A. GOODELL -- read once and referred to the Commit-
tee on Social Services
AN ACT to amend the social services law, in relation to requiring the
homestead exemption used in the calculation for public assistance to
be the same as the homestead exemption under the civil practice law
and rules
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (d) and (i) of subdivision 1 of section 131-n of
the social services law, as amended by section 5 of part U of chapter 56
of the laws of 2022, are amended to read as follows:
(d) the home which is the usual residence of the household, PROVIDED
THAT THE VALUE THEREOF DOES NOT EXCEED THE HOMESTEAD EXEMPTION SPECIFIED
IN SUBDIVISION (A) OF SECTION FIVE THOUSAND TWO HUNDRED SIX OF THE CIVIL
PRACTICE LAW AND RULES,
(i) for a period of six months, real property which the household is
making a good faith effort to sell, in accordance with department regu-
lations and tangible personal property necessary for business or for
employment purposes in accordance with department regulations; PROVIDED,
HOWEVER, THAT THE SOCIAL SERVICES DISTRICT SHALL BE ENTITLED TO RECOVER
THE COST OF ASSISTANCE OR CARE PROVIDED DURING SUCH SIX MONTH PERIOD UP
TO THE NET EQUITY VALUE OF SUCH PROPERTY AND MAY, IN ITS
DISCRETION, IMPOSE A LIEN ON SUCH PROPERTY TO ENSURE REPAYMENT OF SUCH
ASSISTANCE UPON THE SALE OF SUCH PROPERTY, and
§ 2. This act shall take effect immediately; provided, however, that
the amendments to section 131-n of the social services law made by
section one of this act shall not affect the expiration and reversion of
such section and shall be deemed to expire therewith.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06059-01-3