S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3539
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by  M.  of A. GONZALEZ-ROJAS, KIM, PRETLOW, FALL, BURDICK --
   read once and referred to the Committee on Social Services
 
 AN ACT to amend the social services  law,  in  relation  to  eliminating
   asset  limits  in calculating the amount of benefits for any household
   under any public assistance program

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 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,  is
 amended to read as follows:
   1.  [The  following resources]  ALL ASSETS HELD BY THE HOUSEHOLD shall
 be exempt and disregarded in calculating the amount of benefits  of  any
 household  under  any public assistance program[: (a) cash and liquid or
 nonliquid resources up to two thousand five hundred dollars  for  appli-
 cants,  three  thousand  seven  hundred  fifty dollars for applicants in
 households in which any member is sixty years of  age  or  older  or  is
 disabled  or  ten  thousand  dollars for recipients, (b) an amount up to
 four thousand six hundred fifty  dollars  in  a  separate  bank  account
 established  by  an  individual while currently in receipt of assistance
 for the sole purpose of enabling the individual to purchase a  first  or
 replacement  vehicle  for  the  recipient  to  seek,  obtain or maintain
 employment, so long as the funds are not used for any other purpose, (c)
 an amount up to one thousand four hundred dollars  in  a  separate  bank
 account  established  by  an  individual  while  currently in receipt of
 assistance for the purpose of paying tuition at a two-year or  four-year
 accredited  post-secondary educational institution, so long as the funds
 are not used for any other purpose, (d) the  home  which  is  the  usual
 residence  of  the  household,  (e)  one  automobile, up to ten thousand
 dollars fair market value,  through  March  thirty-first,  two  thousand
 seventeen;  one  automobile,  up  to eleven thousand dollars fair market
 value, from April first, two thousand seventeen  through  March  thirty-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07870-01-3
              

 A. 3539                             2

 first,  two thousand eighteen; and one automobile, up to twelve thousand
 dollars fair market value, beginning April first, two thousand  eighteen
 and  thereafter,  or  such other higher dollar value as the local social
 services  district may elect to adopt, (f) one burial plot per household
 member as defined in  department  regulations,  (g)  bona  fide  funeral
 agreements  up to a total of one thousand five hundred dollars in equity
 value per household member,  (h)  funds  in  an  individual  development
 account established in accordance with subdivision five of section three
 hundred  fifty-eight  of  this chapter and section four hundred three of
 the social security act, (i) for a period of six months,  real  property
 which the household is making a good faith effort to sell, in accordance
 with department regulations and tangible personal property necessary for
 business  or for employment purposes in accordance with department regu-
 lations, and (j) funds in a qualified tuition program that satisfies the
 requirement of section 529 of the Internal  Revenue  Code  of  1986,  as
 amended,  and (k) funds in a New York achieving a better life experience
 savings account established in accordance with  article  eighty-four  of
 the mental hygiene law].
   If  federal  law  or regulations require the exemption or disregard of
 additional income and resources in determining need for  family  assist-
 ance,  or medical assistance not exempted or disregarded pursuant to any
 other provision of this chapter,  the  department  may,  by  regulations
 subject  to  the  approval of the director of the budget, require social
 services officials to exempt or disregard  such  income  and  resources.
 Refunds resulting from earned income tax credits shall be disregarded in
 public assistance programs.
   §  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 of such section
 and shall be deemed to expire therewith.